Legal Question in Intellectual Property in Florida

copyright on movie props?

Hello,

There are a pair of swords which feature prominently in movie I love. There are officially licenced versions of these swords for sale as well as unlicenced versions. I would like to make my own from scratch. Would it be a violation of coryright law to then sell one that I made myself? How about just pieces, such as the bronze pommel or cross-guard of the sword that I sculpted and cast myself, without the blade. They would still be recognizable as parts of a sword from a movie.

Thank you.


Asked on 6/29/09, 4:47 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Re: copyright on movie props?

Unlicensed reproduction of copyrighted work is copyright infringement.

You have acknowledged that there is an owner of this work who does license its copyrights for reproductions of the swords. If there are unlicensed versions being sold, it only indicates to me that there are copyright infringers out there who have yet to be caught by the copyright owner, who incidentally has 3 years to sue for the infringement.

As for pieces of the sword, I think if you are acknowledging that these elements are unique, prominent, and recognizable elements of the original swords, then unlicensed reproduction of the parts would also be copyright infringement.

The fact that you will sculpt and cast the sword/pieces yourself does nothing to diminish the fact that it is unlicensed reproduction of copyrighted work. Even if you were to adapt or change the original, your swords would be derivative works of the original, which only the copyright owner can authorize.

You are advised to retain an attorney in this matter who can fully evaluate your case and protect your interests.

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Answered on 6/29/09, 5:04 pm


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