QUESTION

Is there a way to provide compensation for a recreation of an item under Microsoft''s Game Content Usage Rules without breaking those rules?

Asked on Jul 19th, 2012 on Intellectual Property - Pennsylvania
More details to this question:
Someone I''ve come in contact with makes physical props of items from games under Microsoft''s Game Content Usage Rules, and he is not allowed to charge money for them. I wanted to ask for one, but I still feel like the man deserves some sort of compensation for his work to cover the cost of materials. Is there any way to help him cover the cost of producing one for me without violating the Game Content Usage Rules? The rules can be found here. http://www.xbox.com/en-US/Community/Developer/Rules
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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In a word, no. Microsoft owns the intellectual property rights in its games and may lawfully preclude others from engaging in any commercial activity relating to those characters. There is nothing to prevent the prop-maker from giving you one of the characters, gratis. If, after receiving one, you wish to give him an unrelated gift, you may do so. The risk is his.
Answered on Jul 20th, 2012 at 10:47 AM

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