Legal Question in Technology Law in Arizona
Legality of creating and selling content for virtual worlds
Legality of creating and selling content for virtual worlds
I am a 3d artist, creating content for online (internet) virtual worlds such as SecondLife and IMVU.
I would like to make a 3d model of a character from the movie ''Wall-E.'' The work would include recreating a model in 3d and its textures to look and behave similar to a character from the movie. The model would be made to work with online virtual worlds. The model would become a 3d ''avatar,'' which a user would purchase (for online credits) and then control in the virtual world. The model would contain additional benefits beyond being a mere copy. That is, the end-user could ''control'' the avatar and give the avatar commands, which I would develop.
I've done some research into copyright and trademark law, but I'm not finding any clear answers. In particular, I want to know if it's ok to create and sell this 3d ''avatar'' or if Disney/Pixar (the creators of the movie and character) retain ALL rights.
Thank you.
1 Answer from Attorneys
Re: Legality of creating and selling content for virtual worlds
If the character was created for this movie, then Disney and Pixar have the right to control use of that character and its likeness. That right would extend to the type of use you have in mind.
The Walt Disney Company is notoriously aggressive about defending its intellectual property rights. If you go forward with this plan you will likely live to regret it.