Okay. Think of this like the copyright claims on YouTube debate. Is making a video about a game you don't own and earning a bit of cash wrong? I'm I breaking copyright as soon as the video gets monetized?
No it's not illegal (depending on this video) and can relate to Freedom of Speech and Fair use. Not to mention the fact most companies are open about this and know that it's purely a way to get free advertisement for their products. So they welcome YouTube videos with open arms.
What about the figurines and models? Like with the videos, you are using an IP you don't own to create a piece of media then selling it? So it that also legal?
The difference is that you are recreating that brand or the IP's identify and selling it like it was your own. It may be fan art and you might give full ownership to the characters to OWI, but you are still using their IP you don't own to gain money.
BUT DON'T YOU ALSO DO THAT ON YOUTUBE?
This is where things get complex. I'm not a law student or anything so I don't know everything (in fact I know very little
)
Technically
yes??? But you aren't recreating the brand on a video. You are simply using it and expressing your opinions or are just simply playing it. Essentially free advertisement.
I don't know... I think with this situation, it depends on the company. Maybe OWI won't mind. Or maybe they will. Who knows. I personally would love to see the models and hope they're amazing quality.
On a side note: I'm curious to know the how movie, comic book and music deals with copyright? If you use a song in a video then claim it, you get into trouble. But surely aren't you doing the same thing with a video game playthough?
Copyright hurts my brain...