Building with LEGO bricks is a creative and engaging hobby. While assembling bricks is imaginative, certain activities intersect with intellectual property laws. Understanding these boundaries is important for enthusiasts, creators, and those selling custom builds. This article clarifies legal implications of LEGO-related activities, distinguishing permissible creations from those with legal challenges.
Copyright and Trademark Infringement in Creations
When enthusiasts create models using LEGO bricks, intellectual property laws, specifically copyright and trademark, can apply to the designs. Under U.S. copyright law (17 U.S.C. § 101 et seq.), a work is considered a “derivative work” if it is based on an existing copyrighted work, such as a character, object, or scene from popular media. Creating a replica of a copyrighted character or setting with LEGO bricks, even if for personal enjoyment, technically constitutes a derivative work. While personal, non-commercial use of such fan art is generally viewed as permissible, public display, distribution, or commercialization of these creations can lead to claims of copyright infringement.
Trademark law, governed by statutes like the Lanham Act (15 U.S.C. § 1051 et seq.), protects brand names, logos, and specific designs that identify the source of goods. The LEGO Group protects its trademarks, including the distinctive minifigure design. Using specific LEGO designs, such as the minifigure, in a way that implies endorsement or affiliation with LEGO, especially for commercial purposes, can constitute trademark infringement. While utility patents on the basic LEGO brick design have largely expired, allowing other companies to produce compatible bricks, the LEGO brand name, logo, and the minifigure design remain protected trademarks.
Counterfeit Products and Unauthorized Reproduction
A distinct legal issue arises with the production and distribution of non-genuine LEGO products, known as counterfeiting. Counterfeiting involves manufacturing bricks, elements, or entire sets that imitate genuine LEGO products and are often sold with misleading branding or under false pretenses. This activity directly violates trademark law, specifically the Trademark Counterfeiting Act of 1984 (18 U.S.C. § 2320), which makes it illegal to traffic goods or services knowingly using a counterfeit mark.
Legal consequences for trafficking counterfeit goods can include significant fines, potentially up to $2 million for individuals and $5 million for organizations, along with imprisonment for up to 10 years for a first offense. Intent to deceive or confuse consumers regarding authenticity is an element of this offense. It is important to distinguish between outright counterfeit products, which are illegal, and “LEGO-compatible” bricks from other manufacturers, which are generally legal as long as they do not misleadingly use LEGO’s trademarks or designs.
Commercialization of Custom Builds and Brand Usage
Individuals and small businesses often sell custom LEGO creations, referred to as MOCs (My Own Creations), custom minifigures, or accessories. Selling a MOC that replicates a copyrighted character or scene from popular media can lead to intellectual property infringement, especially if done for profit without permission from the original copyright holder. Many intellectual property owners offer licensing agreements that provide legal pathways for artists to sell fan creations, ensuring compliance.
The use of the “LEGO” brand name, logo, or copyrighted minifigure designs in commercial contexts is regulated by The LEGO Group’s “Fair Play Policy.” This policy emphasizes that the LEGO trademark should always be used as an adjective, such as “models built of LEGO bricks,” rather than a noun, to maintain its distinctiveness. Unauthorized use of the LEGO logo, trademark, or copyrighted minifigure design for commercial purposes, including marketing or promotional campaigns, is generally not permitted without formal written permission or a license. Printing third-party logos, organization names, or trademarks onto LEGO minifigures for sale is discouraged by LEGO to protect its brand symbol status. Conversely, printing graphics on LEGO brick elements or custom builds is generally acceptable for community events and activities.