Copyright issues related to making your own custom cards?

originalisbest

I've often wondered about this, and not being a lawyer in any sense of the word (much less one focused on copyrights) thought I'd ask the board for your collective opinion. And am certainly not looking for any free legal advice, realizing that'd be worth exactly what I paid for it.

I'd LOVE to make and print my own custom "cards that never were" -- things like a '52 Topps Williams, a '55 Topps Mantle, etc. In some cases, I know Topps has pretty well covered these sorts of needs with their special issues made for the National, etc. But basically, I want to create some for myself, as I imagine them to have appeared... Without the various tiny team and persona notations of © and ® and TM and etc. etc. etc. -- to better appear as they might have if they were actually produced during that time.

But other than printing these strictly for my own use and amusement, I suppose there's no way to sell them in any way? Not only considering the copyrights that Topps holds for their vintage designs, but also the players themselves, and whatever agencies hold the rights to their images, etc.

It's details like this that make me wonder how Bob Lemke is able to produce his fantasy cards but not get in hot water with Topps, or the estates of the players he features? Perhaps it's enough that he clearly is imitating a Topps design, but uses "BOBBS" instead of "TOPPS" on the backs. Or maybe that the quantities are limited? Not that he's making a fortune from it, but I do wonder if he's ever had to deal with any legal cease-and-desists.

I guess when it comes down to it, I've got some designs I'd like to make for myself, but maybe they'll have to be only for my personal use. Curious to see what the board thinks though.

Appreciate any responses!

Southsider

This should not be considered legal advice. In general, there are potential issues with copyright, trademark, trade dress, and rights to players' names and likenesses in what you describe. In general, there are also some exceptions/exemptions for personal use that could be asserted in defense of some of these issues, especially for non-commercial activity. Much also depends on the assertiveness of the company or persons involved. Some companies are known to aggressively pursue unauthorized use of their IP. Other companies are very tolerant of "fan art" and other personal, non-commercial uses of their IP. But that's a separate issue of enforcement/limited license, not a legal right to do it.

That's the short form answer, anyway. You don't want to be in a position of having to pay to find out the long form answer.

originalisbest

I do appreciate the "short form" answer, and that's pretty much what I was thinking as well overall. Thanks Southsider! If I make the cards for my own enjoyment, I'll be OK I expect. Would love to also share the results of my own work, but in keeping with the need to prevent re-use/copyright issues, I won't offer them for sale, and may show pics (not scans) taken from an oblique angle and with a watermark on them. Still wonder how Lemke is able to make his fantasy cards, but I'm one to err on the safe side!

Thanks for the reply!