Movie related Assets Packs - Copyright Issue?

I know this is not a new topic but i could not find an answer that fits my situation after research in the forum as well as the web.

I am working on an asset package for (amongst other) the asset store, that contains Hobbit Holes as well as different props.

E.g. so that everyone can see how the final result will look like: (or see attached file)
https://drive.google.com/file/d/1i17pa9b-fp_nh-bEL2iSMIUjrc58GfVn/view?usp=sharing

Now i was wondering if that product could create issues with copyright. The props itself are generic, that im sure is not a problem but the object "Hobbit Hole" itself im not sure about.

A package like this already exists on the asset store but that doesnt mean its ok.
( https://www.assetstore.unity3d.com/en/#!/content/17691 )

Now on other selling marketplaces e.g. Turbosquid or CG Trader, it is common to sell movie related objects (or even pretty exact copies). Sometimes under an editorial license, sometime under royality free license. No one really seems to care about that issue in general though.

I would like to here what you guys think.

Thanks

 

No - this is not a copyright issue. "Hobbit" is flirting with legalese - but the concept/idea of a hole in the ground with a round door that leads to a living quarters - is not copyright-able.
Disclaimer: I'm not a lawyer.

I wouldn't compare other marketplaces fast and loose (non-compliant) rules with the asset store. The worst mistake a creator can make is thinking since it is accepted in one area - it 'should' be acceptable in other areas.
There are tons of characters on both those marketplaces that are direct violation of copyright and trademark.

 

Thanks for your answer.

what you are saying makes sense to me. Im probably going to submit the pack for review once its done and scince the asset store team seems to take a close look at new submissions, they would decline it and tell me about issues if they think it will create some.

Everyone else who visits this thread, please feel free to share you thoughts on the topic.

 

The term "hobbit" is not under copyright when not referring specifically to "The Hobbit". I'd just make sure your "Hobbit hole" doesn't attempt to exactly duplicate a setting from the popular movies and you should be free and clear. I am not a lawyer

 

There's a reason why Dungeons & Dragons calls them "halflings".

 

That's true, although it does not mean they're right: https://en.wikipedia.org/wiki/Hobbit_(word)#Evidence_of_earlier_use

(And still we're not lawyers and it does not mean that the copyright holders wouldn't try to take advantage on the fact that they can pay the lawyers and the individuals/small businesses usually can't)

 

True, but that doesn't allow use of visuals, specific designs, or other aspects that are from the movie. As for how close you can get without putting yourself at risk, I've no idea.

 

Yeah - which he is not based on the provided image - so he/she is safe. If there was specific iconography similar to the movie I'd say that was risky, possibly over the line, but not in this case, the assets are clean, general and nice looking.

 

1-800-SUE-OUT-THE-BUTT