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Nintendo’s published notices identify artwork, game displays, characters, packaging, manuals, labels and publications as protected intellectual property. Before listing scans as downloads, obtain a written license that covers the exact images and sales plan, or have an intellectual-property lawyer assess the project in every country where you will distribute it.
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What happens legally when you scan and sell Nintendo artwork?
Copyright attaches to an original work when it is fixed in a tangible medium. A printed illustration in a magazine or manual is already a fixed work. Scanning it creates another copy, even if the scan is a faithful, non-edited image. Under Section 106 of the U.S. Copyright Act, the copyright owner controls the rights to reproduce the work, prepare derivative works, distribute copies by sale or other transfer, and publicly display pictorial, graphic and sculptural works.
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Two separate acts therefore matter:
- Scanning: creating a digital reproduction.
- Selling or delivering the file: distributing a copy, often through a download, marketplace listing or physical media.
Calling the product a “backup,” “archival scan,” “fan file” or “personal-use download” does not change what the acts are. A disclaimer or credit line also does not supply permission.
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The physical-copy rule
Buying an original normally transfers ownership of that particular object. It does not transfer copyright in the illustration, character design, page layout or text. The first-sale principle can generally allow you to resell the physical magazine or manual you own, subject to other laws, but it does not give you a general right to manufacture and sell new digital copies.
The copyright owner may be Nintendo, a publisher, an outside illustrator, a photographer, a magazine company or another rights holder. A single page can contain several separately owned elements. Identifying the correct owner is essential before relying on a license or analyzing fair use.
Can fair use cover a scan?
Section 107 lists criticism, comment, news reporting, teaching, scholarship and research as examples of favored purposes. It does not create an automatic exemption for scans, fan projects or non-profit activity. Courts weigh four factors together, and the result depends on the particular work and use.
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1. Purpose and character
A scan sold as a standalone art file, poster substitute, collectible image or replacement manual is commercial and usually has a weaker fair-use argument than a limited image used to make a genuine point about game art, publishing history or design. Commerciality is not an automatic loss, and a commercial work can sometimes be transformative, but the seller must explain what new purpose the use serves.
For example, a video essay that displays a small, necessary crop while analyzing color design presents a different question from a high-resolution download advertised as “the complete artwork.” The first use may be supported by commentary; the second looks more like a substitute product.
2. Nature of the work
Highly creative illustrations, character art, cover paintings and visual layouts receive strong protection. Unpublished material can receive additional consideration because the owner controls first public release. A factual page containing release dates may present a different balance from a finished illustration, but copying a factual page can still reproduce protected selection, arrangement, typography or artwork.
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3. Amount and substantiality
Using a small excerpt that is necessary for analysis is generally easier to defend than copying an entire image, issue or manual. Courts also consider whether the portion taken is the “heart” of the work. A complete scan, an uncropped high-resolution image or a set containing every page can weigh against fair use even when the file is only one part of a larger publication.
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4. Effect on the market
Ask whether buyers would use the scan instead of an official art book, reprint, manual, digital release, licensed print or other authorized product. A file that functions as a substitute can harm existing or reasonably expected markets. A small image embedded in an analytical article may serve a different market, but that distinction must be supported by the actual presentation and audience.
The U.S. Copyright Office states: “There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work.” It also says, “Ultimately, only a federal court can determine whether a particular use is, in fact, a fair use under the copyright law.” Those statements apply to images as well as text and music. There is no safe 10-percent, one-page or low-resolution rule.
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Does Nintendo give permission for personal or fan use?
Nintendo’s public materials describe a broad set of protected assets. Its intellectual-property FAQ identifies game visual displays, characters, product packaging, manuals, labels, artwork and publications as Nintendo IP. That list is a warning about scope, not a blanket license for every image in every context.
Nintendo UK’s legal notice states:
“All content on this website, including articles, artwork, screen shots, graphics, logos, digital downloads and other files, is the property of Nintendo, unless owned by a third party, and is protected by German and international copyright, trademark and other intellectual property laws.”
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Those statements concern Nintendo’s website content and do not, by themselves, decide every use of a separately purchased magazine or manual. They do show that downloading an image from an official site is not a general invitation to reproduce or sell it. Fan art also needs separate analysis: drawing your own interpretation may contain original expression, but it can still incorporate protected characters, logos or other elements and may be a derivative work.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Common scan-and-sale situations
| Proposed use | Why it is risky or potentially defensible | Practical approach |
|---|---|---|
| Sell a complete scan of a Nintendo Power issue | Copies an entire publication and can substitute for an authorized archive, reprint or digital edition. | Do not sell without a license; a historical article should use only excerpts necessary for documented commentary. |
| Sell high-resolution scans of manual pages | Reproduces artwork, text and layout and may replace an official manual or digital documentation. | Seek written permission covering every page and delivery format. |
| Offer a scanned cover as a print or wallpaper | Uses a prominent creative image and may compete with licensed merchandise or official downloads. | Assume authorization is required unless a lawyer identifies a strong, fact-specific defense. |
| Show a small crop in a video or article reviewing visual design | Commentary and criticism can support fair use, but amount, context and market effect still matter. | Use only what the analysis needs, add substantial original commentary and avoid offering the image as a downloadable substitute. |
| Upload a fan-made drawing of a Nintendo character | Your drawing can contain original expression, yet the character, name, logo or other protected elements may raise copyright and trademark issues. | Review the platform’s rules and avoid implying sponsorship; obtain permission for commercial merchandise. |
| Resell the original magazine or manual you own | This is a transfer of the physical copy rather than manufacture of a new copy, although other rights and contract terms can matter. | Sell the object itself, not a newly created scan bundled as a replacement. |
How to evaluate a commercial scan project
- Inventory every element. Record the issue, edition, page, image, text, logo and any third-party credit. Do not assume Nintendo owns an illustration created for a licensed publication.
- Trace ownership. Check copyright notices, contributor agreements, publisher records and creator credits. If ownership is uncertain, treat the uncertainty as a reason to pause rather than as permission.
- Define the product precisely. Write down whether customers receive a crop, complete page, full publication, print-ready file, wallpaper, archive or educational excerpt; the resolution, format, price and sales platform matter to the analysis.
- Look for a written license. It should expressly cover scanning, reproduction, derivative formatting, digital delivery, physical prints, advertising, territory, duration, sublicensing and takedown obligations. A general permission to “use the artwork” may not cover resale downloads.
- If relying on fair use, document the four factors. Explain the analytical purpose, why each copied portion is needed, what new expression or context you add, and why buyers are not receiving a substitute for an official product.
- Separate branding from the image analysis. Remove unnecessary logos and avoid product names, packaging or storefront design that could suggest Nintendo sponsorship, approval or affiliation.
- Get jurisdiction-specific advice. U.S. fair use is not a universal rule. Other countries may apply fair dealing, quotation exceptions or different rights, and an international storefront can expose the same file to several legal regimes.
What can happen if Nintendo objects?
Nintendo’s Intellectual Property Policy says it may remove content that appears to infringe. It also says Nintendo may limit access to products or terminate accounts for infringement. A marketplace, payment processor, hosting provider or social platform can impose its own notice-and-takedown rules before a court decides the merits.
Nintendo’s stated notice procedure asks for a description of the copyrighted work and the allegedly infringing material, together with a good-faith statement that the use is not authorized by the owner, its agent or the law. A listing can therefore disappear quickly after a complaint, even though a takedown is not a final judicial finding.
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- Save the notice, listing, files, sales records and any license correspondence.
- Pause distribution while you determine whether the claimant owns the specific material and whether your license covers the use.
- Do not respond with a percentage-of-the-image argument; no fixed percentage guarantees fair use.
- Ask an intellectual-property lawyer whether a counter-notice, negotiated license or permanent removal is appropriate.
- Preserve evidence of commentary, educational context, edits and audience so counsel can assess the actual four-factor record.
Copyright is not the only issue
Nintendo’s materials also refer to trademarks, patents and design rights. A logo, character name, product title or distinctive trade dress can create confusion or endorsement concerns even when a copyright argument is plausible. A listing that says “official,” uses Nintendo logos in its store banner or presents a scan as an authorized replacement can raise trademark questions separate from copying the artwork.
Licenses are territorial and time-limited unless they say otherwise. Confirm which countries are covered, whether the license permits worldwide downloads, how long sales may continue, and what happens to existing customers if permission ends. A permission for editorial display may not authorize merchandise, advertising, resale or user-generated redistribution.
Bottom-line decision
If your plan is to sell scans as standalone files, treat the answer as no without permission. The scan is a reproduction, the sale is distribution, and a complete or high-resolution file that substitutes for an official product is especially difficult to justify. Ownership of the original magazine or manual does not change that analysis.
A limited image used inside genuine criticism, commentary, news, teaching, scholarship or research may have a fair-use argument, but only a court can decide it and no numerical safe harbor exists. For a commercial launch, identify every rights holder, secure a written license or obtain advice from an intellectual-property lawyer before distributing the files.
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