Create an obvious proxy and sell it, and Wizards of the Coast LLC may have a civil claim against you. Copyright is a civil issue, while uttering, being fraud, is a criminal issue.
In practice, doing that falls under the criminal conduct category known as "uttering," which encompasses concepts such as forgery, counterfeiting, and other forms of fraud. It is wisest NOT to get yourself into a situation where you might have to find out at the business end of a gavel whether your infringement was fair use or not!ĮDIT: Whether you are trying to "pass it off as the real thing" could be evidence toward one of the elements in the four-point balancing test, but it is not the central element of a fair use determination. Instances where people sell custom-painted proxies alongside ballast (a legitimate card, whether the real card the proxy is based on or not) are much less certain to be fair use, and in fact might not be, depending on a given court's assessment using the four-point balancing test from the statute. To the extent that it affects any of you, your use is likely, but not guaranteed, to be fair use if you are making and using the proxies for your own, personal, recreational use, and not distributing them either freely or by sale. The enforcement of fair use is determined as the dispute arises, with abundant case law out there to guide the court, such as Campbell v. That is because an infringement is not illegal if it is done under fair use, as codified in law at 17 USC 107. Making a proxy by copying the image of a card, etc, is INFRINGEMENT, but it may or may not be illegal. Usually at least one person posts the right answer. Surprisingly, every one of you who have posted so far is wrong in some respect, or wrong entirely. Trying to pass them off as the real thing. I don't mean taking it to kinkos and photo copying it or printing it onto computer paper I mean actually printing copies of the cards. You could probably even get away with selling proxies to your friends in the sense that you are selling someone the ink it took to print them off, but that's between you and that person and would be hard to enforce whether it's legal or not. Alternate art is also legal as long as it is that card. It is Legal by law, counterfeiting would be illegal but you can't pass off a paper print out of a card as that card to anyone.
no it isn't legal for most tournaments unless otherwise stated and you will get disqualified. If the question is whether or not proxying cards is legal then the answer is yes and no. When you search up a card, at the bottom of that card's page is a print proxy button with 1-4 proxies, however many you need. Quote from KraezyIf this were the case or in any way enforced I think tcgplayer would be in trouble, but I haven't heard anything about that yet. Which doesn't happen in anything but vintage and sometimes legacy generally. You just can't play proxies in tournaments unless the TO specifically allows it. So making your own Ooze token won't get you any flak, nor will writing "Black Lotus" on a basic land. Likewise making tokens isn't copyright infringing unless you use something that they own a copyright on like mana symbols (if they want to copyright 1 they can rot because that's just retarded but I'll give them W U B R G and the hybrids and phybrids). If you're making some alternate art forests to run at FNM as long as you can't tell the card is different in anyway aside from looking at the art on the front of the card then it's fair game.
#Mtg proxie full#
So if you print up a full set of Innistrad and put it on ebay, you'll probably get a cease and desist letter at the most lenient, or more likely a lawsuit. Wizards only really cares if you're trying to make money off the fakes. That said most people make proxies of cards they don't own every so often, and in fact a number of people proxy cards to playtest before investing in them. Trying to actively sell fake cards however will probably land you in court.
#Mtg proxie plus#
The plus side is wizards doesn't seem to care very much about it so long as you aren't trying to sell the proxy. Writing "Jace The Mindsculpter" on a forest is not however. Technically reproducing a card in proxy form (IE printing it, or otherwise creating) is copyright infringement.
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