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Forum:	Magic Discussion
Topic:	What is the current legality of selling Magic proxies?

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Your Reply: HTML is OFF UBB Code is ON [IMG] UBB Code Not Allowed! Smilies Legend	[QUOTE]Originally posted by gaeacradle: [B]Of course it's not illegal when you are not distributing them in any way. It's the same as using a permanent marker to proxy a card. But this guy is selling on eBay!!![/B][/QUOTE]
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<table border=0 cellpadding=0 cellspacing=0 width="95%"><TR><td bgcolor="#2f2f4f"><TABLE BORDER=0 cellpadding=4 border=0 cellspacing=1 WIDTH="100%"><TR bgcolor="#2f2f4f"><TD COLSPAN=2><CENTER>T O P I C     R E V I E W</CENTER></TD></TR><TR bgcolor="#dedfdf"><TD valign=top>LandDestroyer</TD><TD>Isn't stuff like this illegal to sell 'technically'?<A HREF="http://www.ebay.com/sch/theblacklotus-com/m.html?item=141433946930&hash=item20ee1ec332&pt=Trading_Card_Games_US&rt=nc&_trksid=p2047675.l2562" TARGET=_blank>http://www.ebay.com/sch/theblacklotus-com/m.html?item=141433946930&hash=item20ee1ec332&pt=Trading_Card_Games_US&rt=nc&_trksid=p2047675.l2562</A>Did a search for volcanic island and came across one of his auctions and after thinking 'those are some expensive proxies' I got curious.</TD></TR><TR bgcolor="#f7f7f7"><TD valign=top>JensK</TD><TD>yea that can't be legal</TD></TR><TR bgcolor="#dedfdf"><TD valign=top>JayC</TD><TD>Gorgeous...and not legal.</TD></TR><TR bgcolor="#f7f7f7"><TD valign=top>slurpee</TD><TD>Given how they look, they must be stickers or printed as I don't believe these are hand made.</TD></TR><TR bgcolor="#dedfdf"><TD valign=top>oneofchaos</TD><TD>I know of somebody who paid a print shop to build him a cube (specified what he wanted printed). He paid for a service and isn't redistributing them in any way so I don't see anything wrong with that. </TD></TR><TR bgcolor="#f7f7f7"><TD valign=top>gaeacradle</TD><TD><BLOCKQUOTE>quote:<HR>Originally posted by oneofchaos: I know of somebody who paid a print shop to build him a cube (specified what he wanted printed). He paid for a service and isn't redistributing them in any way so I don't see anything wrong with that. <HR></BLOCKQUOTE>Of course it's not illegal when you are not distributing them in any way. It's the same as using a permanent marker to proxy a card. But this guy is selling on eBay!!! </TD></TR><TR bgcolor="#dedfdf"><TD valign=top>Phyrexian Angel</TD><TD>It may be legal to sell because they are not using any original mtg artwork, card frame and logos (including mana symbols). Also, They never claim these are mtg cards to avoid copyright infringement.I don't think there is any copyright on card names and text.</TD></TR><TR bgcolor="#f7f7f7"><TD valign=top>pugowar</TD><TD>Wow... these are amazing. I almost would rather have these if playing casually. I feel like they have to be violating something but I am not a copyright lawyer. I primarily practice bird law...</TD></TR><TR bgcolor="#dedfdf"><TD valign=top>daner</TD><TD>Those are really nice, but the artwork on Ancestral Recall is from Mana Drain, so that is probably copyright infringement if anything. Thats the artwork Wizards uses in their cube and Vintage Masters set...thats a big no no re-using artwork. </TD></TR><TR bgcolor="#f7f7f7"><TD valign=top>Pail42</TD><TD><BLOCKQUOTE>quote:<HR>Originally posted by Phyrexian Angel: I don't think there is any copyright on card names and text.<HR></BLOCKQUOTE>As as extreme example, imagine you copied the text of "Hunger Games" but republished it as "Food Fight" with different pronouns. That would still be copyright infringement.This is probably still copyright infringement because it uses the card name, card text, card types, and layout of MTG cards. [Edited 1 times, lastly by Pail42 on October 22, 2014]</TD></TR><TR bgcolor="#dedfdf"><TD valign=top>dfitzg88</TD><TD><BLOCKQUOTE>quote:<HR>Originally posted by Pail42: As as extreme example, imagine you copied the text of "Hunger Games"...<HR></BLOCKQUOTE>(I don't know why a serious novelist would ruin their reputation like that.)Most copyright infringement can be judged by the audience test (if it looks like it to an outside observer, it probably is). In this case, that's pretty clear.While proxying a card that is out-of-print is not inhibiting Wizards of the Coast's profitability, they could still argue that it is diluting their brand and the perceived value of their product were they to sue someone. [Edited 1 times, lastly by dfitzg88 on October 23, 2014]</TD></TR></TABLE></td></tr></table>

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