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Is it legal to sell recreations of copyrighted logos?

A topic by Reff Pixels created Sep 29, 2020 Views: 354 Replies: 7
Viewing posts 1 to 2

Hello everyone! I'm Reff, a pixel-artist that usually posts asset packs on the game assets section of Itch.
I started working on a new idea, an asset pack of desktop icons for PC, remade entirely from scratch in my pixelart style (You can see a sneak peak here: Desktop Icons remade In pixelart )

Would it be legal to sell this here? They are the logos from huge companies, that are 100% copyrighted. But they are also fair use recreations, arent they?

Thank you for your time.

Moderator(+3)

Your answer is contained in the question: if those logos are copyrighted, then no. Never mind that logos are usually trademarked, not copyrighted, in which case still no. But I am not a lawyer. You should ask a real one.

Either way: if these recreations are made by you, then you can upload them here and we'll only take them down if the rights holders complain. Hope this helps.

(2 edits)

If I do post them here, and eventually a right holder complains, then the money made from the ones already sold is lost or refunded? 
Edit: Grammar

Moderator(+1)

If you try to earn money from someone else’s work, and they didn’t in any way allow you to do that, they possibly can sue for the full amount, possibly more if you’ve somehow managed to damage their brand.

I’m not a lawyer, my only advice is, don’t do something with the work of a creator without explicit consent.

(1 edit)

I understand that, but I made the icons from scratch. I'm not trying to sell another persons art. My legal concern is that they resemble company logos and known designs, and I'm not sure if it falls under fair use

Edit:
Yeah I think you are right. Better to keep it safe and drop the idea

Moderator(+1)

When a random user looks at those logos, will they think it’s that company’s logo? If the answer is 100% yes without a doubt, then it could cause you problems.

Fair use does not apply if you create the logo from scratch. Fair use is for cases like for example when someone is reviewing a game from a company, and showing the company’s logo as a result.

And what about posting them as a free asset pack? Would the donations be a problem then?
Sorry for all the questions.

Moderator(+1)

You really, really should ask a lawyer at this point. But rights holders attack free fan projects all the time.

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