Colored cards legal or infringement?

[Bryant_Tsu]

As some of you may know I have done two colorized versions of t11 playing cards: Monarchs and Contraband (links below). I know that the designs are owned by t11 but I wanted to know if my colorized versions can be legally printed. I was looking into making those customized decks offered by Bicycle through zazzle and wanted one of each colorized design for personal use. If I use these decks strictly for personal use is it okay? Any legal experts out there can lend me a hand as to figuring this out?

Links to designs posted:
http://www.theory11.com/forums/threads/monarchs-in-color-concept.38291/#post-428026
http://www.theory11.com/forums/threads/colored-contraband-fan-art.38258/

 

[RealityOne]

Bryant:

The answer depends on whether the cards are trademarked or copyrighted. If they are trademarked (like Bicycle cards) then you can make decks for you personal use because a trademark protects against people using the design to sell something. If they are copyrighted, you would not be able to make a copy without permission.

 

[Lyle Borders]

As some of you may know I have done two colorized versions of t11 playing cards: Monarchs and Contraband (links below). I know that the designs are owned by t11 but I wanted to know if my colorized versions can be legally printed. I was looking into making those customized decks offered by Bicycle through zazzle and wanted one of each colorized design for personal use. If I use these decks strictly for personal use is it okay? Any legal experts out there can lend me a hand as to figuring this out?

Links to designs posted:
http://www.theory11.com/forums/threads/monarchs-in-color-concept.38291/#post-428026
http://www.theory11.com/forums/threads/colored-contraband-fan-art.38258/

Short answer - no.

Longer answer - The designs are copyright protected. theory11 owns the rights to those designs. You are not able to print new decks in a variation without express written consent from theory11. This would be the same for most other designs out there. Adding color does not remove the copyright protection for the design. You can certainly color a deck in for your own purposes. To print your own version is a different story.

// L