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In the United States, scanning Nintendo artwork makes a new reproduction, and selling that scan can infringe the copyright owner’s reproduction and distribution rights. Owning an original magazine, game manual, poster, package, or book usually gives you ownership of that physical copy—not the copyright in the artwork. Fair use may support a particular use for criticism, commentary, teaching, scholarship, research, or news reporting, but a commercial scan sold as a standalone file is not automatically fair use. There is no safe percentage rule. For a commercial release, obtain a written license or advice from an intellectual-property lawyer who can assess the exact images, use, platform, and countries involved.
What happens legally when you scan Nintendo artwork?
Copyright protects an original work once it is fixed in a tangible medium. A scan is a digital copy of the fixed artwork. Under Section 106 of the U.S. Copyright Act, the copyright owner generally controls the exclusive rights to reproduce the work, prepare derivative works, distribute copies by sale or other transfer, and publicly display pictorial, graphic, and sculptural works.
That means two separate acts matter:
- Scanning: creates a reproduction, even if you own the physical source.
- Selling or supplying the file: can implicate the distribution right, and displaying preview images can implicate the public-display right.
The analysis applies whether the source is a Nintendo Power page, a vintage game manual, a box illustration, a poster, a cartridge label, a strategy guide, or artwork downloaded from a website. A scan can also be edited, cleaned up, recolored, cropped, or reformatted; those changes do not automatically eliminate the underlying copyright or the need for permission.
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Usually not. Buying a physical object normally transfers ownership of that particular copy. It does not transfer the copyright in the illustrations, text, logos, screenshots, or other protected content printed on it. The copyright may belong to Nintendo, a publisher, an outside illustrator, or more than one rights holder.
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You can generally resell the physical copy you lawfully own under the first-sale doctrine, subject to the details of the transaction. That rule is different from making a new digital copy and selling it. Reselling your original manual is a sale of the copy you bought; selling a PDF made by scanning every page is distribution of a newly made reproduction.
Ownership can be especially complicated for older publications. A manual or magazine may contain commissioned illustrations, photographs, advertisements, licensed characters, or third-party articles. Identifying Nintendo as the brand associated with a product does not prove Nintendo owns every element on every page. Before commercial use, identify each image and the likely owner of the specific copyright.
What Nintendo says it protects
Nintendo’s published materials describe a broad range of Nintendo intellectual property. Its FAQ identifies game visual displays, characters, product packaging, manuals, labels, artwork, and publications as protected Nintendo IP. Exact copies and derivative copies can both be covered.
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“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.”
“Nintendo does not grant permission to individuals to use any content from this website.”
Those statements are not a universal ruling on every fan project or every jurisdiction, but they are a clear warning that copying Nintendo website artwork is not accompanied by a blanket personal-use license. Nintendo’s materials also refer to trademarks, patents, and design rights. A use can therefore create problems beyond copyright, especially when logos, product names, or distinctive branding make a listing appear sponsored, endorsed, or officially licensed.
When can fair use help?
Section 107 recognizes criticism, comment, news reporting, teaching, scholarship, and research as examples of purposes that may qualify as fair use. It does not create an automatic exemption for fan work, archival interest, nostalgia, or a noncommercial label. Courts weigh four factors together, and the result depends on the precise work and use.
1. Purpose and character of the use
A scan used as a small illustration in a critical article, classroom lesson, historical analysis, or documented research project presents a different argument from a high-resolution scan sold as a downloadable art file. Commerciality is not an automatic loss, but selling a file weighs against fair use, particularly when the product’s value comes from the copied artwork itself.
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Transformative use can strengthen an argument when the copy is used for a genuinely different purpose—for example, to analyze visual design, compare localization choices, or explain advertising history. Merely changing file format, removing page curvature, increasing resolution, or adding a watermark normally does not transform the purpose.
2. Nature of the copyrighted work
Creative artwork, character illustrations, packaging art, and expressive magazine layouts receive stronger protection than factual material. Published status can matter, but publication does not place the work in the public domain. An old manual can remain protected even when it is out of print or difficult to buy.
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3. Amount and substantiality
Using a small excerpt that is necessary for commentary is different from scanning an entire issue, manual, or art page. Courts consider both the quantity taken and whether the most important or distinctive part was copied. A complete scan, a full-resolution image, or a collection that reproduces every page gives the original work’s expressive content to the buyer and is harder to defend.
4. Effect on the potential market
Ask whether buyers could use your file instead of purchasing an authorized book, art print, manual, archive, digital release, or licensed reproduction. A product marketed as a substitute for an official or collectible edition presents more market harm than a limited excerpt embedded in analysis. The fact that Nintendo is not currently selling a particular item does not by itself prove that your scan has no market effect; potential markets and licensing opportunities can matter.
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There is no “safe percentage” of a Nintendo image
The U.S. Copyright Office states that “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.” The same principle applies to images and scans. Cropping to a particular fraction, using a set number of pages, or staying below a chosen resolution does not create a legal safe harbor.
The Copyright Office also states that “Ultimately, only a federal court can determine whether a particular use is, in fact, a fair use under the copyright law.” A credit line, disclaimer, “for personal use” label, or statement that you do not own the copyright does not supply permission. Those notices may explain your intent, but they do not replace a license or the four-factor analysis.
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How common proposed uses compare
| Proposed use | Key legal question | Relative risk | Practical approach |
|---|---|---|---|
| Private scan for personal reference | Is the copy retained privately, with no distribution or public display? | Lower than a sale, but not a blanket authorization | Keep it private; do not upload, share, or sell it. |
| Small excerpt in a critical article or video | Is the image necessary for genuine criticism, commentary, teaching, news, scholarship, or research? | Fact-specific | Use only what is needed, add substantial analysis, and document the purpose. |
| Complete scan of a manual or magazine sold as a PDF | Does the file reproduce the work and substitute for an authorized copy? | High | Seek a written license before listing it. |
| High-resolution art scan sold as a print-ready download | Is the product’s value the copied artwork itself? | High | Do not launch commercially without permission or individualized legal advice. |
| Fan art that adds substantial original expression | How much Nintendo expression remains, and could branding imply endorsement? | Fact-specific | Separate your original contribution from copied elements and review trademark presentation. |
| Scan used in a classroom, archive, or research project | Is the use limited, necessary, and connected to teaching or scholarship? | Fact-specific | Limit access and quantity; assess the four factors rather than relying on the educational label. |
Could Nintendo take down your listing?
It could. Nintendo’s Intellectual Property Policy says Nintendo may remove content that appears to infringe and may limit access to products or terminate accounts for infringement. Its notice procedure calls for a description of the protected work and the allegedly infringing material, together with a good-faith statement that the use is not authorized by the owner, its agent, or law.
A marketplace, file host, social network, or payment provider may also restrict a listing after receiving a complaint, sometimes before a court decides the merits. A takedown is not the same as a final judgment, but it can interrupt sales, remove files, freeze an account, or require a counter-notice. Repeated complaints can increase practical and contractual risk even when you believe your legal position is defensible.
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Do not assume that a listing will remain available because the source material is old, out of print, or widely shared online. Availability of other unauthorized copies does not establish permission for your copy.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Copyright is not the only issue
Trademarks and implied endorsement
Nintendo names, logos, character names, and product branding may function as trademarks. Using them to identify what your commentary discusses can be different from presenting them prominently on packaging or in a storefront that suggests Nintendo made, approved, or sponsored your product. Avoid official-looking logos, badges, or wording that could confuse buyers about affiliation unless your license expressly permits it.
Third-party creators and publishers
An image appearing in a Nintendo publication may have been drawn or photographed by someone else, or licensed from another company. A license from one party may not cover every page, character, photograph, or design element. Check contracts, credits, publication terms, and rights-chain documentation rather than assuming that a Nintendo-related source has a single owner.
Territory and governing law
This explanation starts with U.S. law because the question commonly arises under Section 106 and Section 107. Copyright exceptions, moral rights, trademark rules, notice procedures, and available remedies differ by country. Nintendo UK’s notice refers to German and international copyright and trademark laws, but that language is not a substitute for analyzing the law where you live, where the seller operates, and where customers receive the files. A license must state its territory, duration, media, formats, and permitted sales channels.
A practical clearance process before selling any scan
- Inventory every element. List each page, illustration, screenshot, logo, character, photograph, text block, and design feature you intend to reproduce. Note the source publication, edition, date, and credited creators.
- Identify the likely rights holders. Determine whether the relevant rights belong to Nintendo, a publisher, a freelance artist, a photographer, or another third party. Treat uncertain ownership as a reason to investigate, not as permission.
- Define the exact product. Write down whether you will sell a complete scan, excerpt, cleaned image, print file, video frame, or collection; the resolution and format; the price; the platform; the number of copies; and the countries served.
- Check for a written license. The license should expressly cover scanning, reproduction, derivative formatting, public display, distribution, commercial sale, territory, duration, file format, marketing images, and sublicensing or marketplace distribution where relevant. A general statement allowing “fan use” may not cover a paid digital download.
- Analyze fair use only if it is genuinely your basis. Record the analytical purpose, why each excerpt is necessary, how much you use, what original commentary you add, and why the product is not a substitute for an authorized market. Do not reduce the analysis to a percentage.
- Remove avoidable branding confusion. Do not use Nintendo logos or official-looking presentation to market an unlicensed product. Make clear what your work is and is not, while understanding that a disclaimer alone does not cure infringement.
- Plan for complaints. Preserve source records, permissions, correspondence, and your fair-use analysis. Know the platform’s notice and counter-notice rules, and be prepared to pause distribution while a lawyer reviews a complaint.
- Get advice before launch. Commercial distribution, a large catalog, high-resolution files, or sales outside the United States justify advice from an intellectual-property lawyer before publication rather than after a takedown.
Safer alternatives when you do not have permission
- Sell an original guide, critique, or educational work that uses only limited images necessary to explain the analysis.
- Create new artwork that does not copy Nintendo’s protected expression, while checking whether character or logo use still raises copyright or trademark concerns.
- Sell the physical original you own instead of making and distributing a digital reproduction.
- Use material that is demonstrably in the public domain or licensed for commercial redistribution, and keep the license records.
- Request a written license that specifically covers the intended files, sales channel, territory, and term.
Bottom line for a Nintendo scan seller
If your plan is to scan Nintendo artwork, upload the files, and sell them as standalone downloads or print-ready images, treat the project as high risk without a license. Owning the source object, crediting Nintendo, adding a disclaimer, calling the files fan-made, or staying below a self-chosen percentage does not create permission. A limited, genuinely analytical use may support a fair-use argument, but only a fact-specific legal analysis—and ultimately a federal court—can resolve that question. For a commercial launch, secure written rights or obtain individualized legal advice before distributing the scans.
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