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Scan for outdated or missing drivers - takes under a minuteDriver Scan →Repair Windows errors before they cause bigger problemsFix Now →Usually not without permission. In the United States, scanning a Nintendo illustration, manual page, magazine spread, package, or poster makes a new reproduction. Offering that scan for sale can also exercise the copyright owner’s distribution right. Owning the paper or other physical original does not normally transfer the copyright.
A particular use might be defensible as fair use—for example, a genuinely analytical article that uses only what is needed to criticize or explain a work—but a complete scan sold as a standalone file is a high-risk fact pattern. Nintendo’s published notices identify artwork and publications as protected intellectual property and do not provide a blanket personal-use license. For a commercial release, obtain a written license or advice from an intellectual-property lawyer who can assess the exact images, territory, platform and purpose.
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What the law treats as a scan and a sale
Copyright protection attaches to an original work when it is fixed in a tangible medium. The drawing, page layout, character illustration, photograph, or other artwork can therefore be protected even when the copy in your possession is an old magazine or a used game manual.
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A free scan shows the junk files, broken settings and background clutter dragging Windows down - then fixes them in one click.Free scan · Windows 10 & 11Section 106 of the U.S. Copyright Act gives the copyright owner exclusive rights to reproduce the work, prepare derivative works, distribute copies by sale or other transfer, and publicly display pictorial, graphic or sculptural works. A scanner does not merely “read” the page: it creates a digital copy. Uploading that file to a marketplace, sending it to a buyer, or selling a download can involve the distribution right as well as reproduction.
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Buying a physical copy generally gives you ownership of that particular copy. It does not normally give you the right to make additional copies or license the underlying artwork. The copyright owner may be Nintendo, a publisher, an outside illustrator, a photographer, or more than one rights holder, depending on the item and the contracts behind it.
What ownership of the original does—and does not—allow
- You may generally resell the physical copy you lawfully own under the first-sale rule, subject to other laws and the condition of the item.
- You may make ordinary personal uses that do not create or distribute a new copy, such as reading the manual.
- Scanning, cleaning up, upscaling, recoloring, or converting the artwork creates a reproduction or potentially a derivative version that is not covered merely by owning the paper.
- Displaying the physical item privately is different from posting a high-resolution scan that others can download.
Why a commercial scan is difficult to justify as fair use
Section 107 sets out a four-factor fair-use analysis. The statute gives examples such as criticism, comment, news reporting, teaching, scholarship and research, but those examples do not create an automatic exemption. Courts weigh all four factors together, and the result depends on the specific work and use.
| Factor | Questions for a proposed Nintendo scan | How a sale commonly affects the analysis |
|---|---|---|
| Purpose and character | Is the use private study, criticism, teaching or reporting, or is the scan a product offered for profit? Does it add new meaning, context or message? | Commerciality is unfavorable, although a commercial publication can still make a fair-use argument when the use is genuinely transformative and analytical. |
| Nature of the work | Is the source highly creative artwork, or mainly factual material? Was it previously published? | Illustrations and character art receive strong protection because they are creative. Publication may help only modestly; it does not make a creative image free to copy. |
| Amount and substantiality | How much was copied, at what resolution, and was the “heart” of the work taken? | A complete page, full illustration, entire manual or high-resolution archive usually presents a harder case than a small excerpt needed to make a specific point. |
| Market effect | Could the file replace an official manual, art book, print, digital release or licensed archive? Is there an existing or likely market for authorized copies? | A downloadable substitute can weigh heavily against fair use, particularly when buyers would not need the official product. |
The U.S. Copyright Office states that there is no fixed safe percentage or number of words, notes or pages. Only a federal court can determine whether a particular use is fair. A “10 percent rule,” a credit line, or a “for personal use only” label is not a legal safe harbor. Those labels may describe your intention, but they do not supply permission.
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When an excerpt may serve a real analytical purpose
Consider a reviewer who reproduces a small portion of a page to discuss how Nintendo’s instruction art communicates game mechanics, or a teacher who displays a limited excerpt in a lesson. The excerpt, accompanying explanation, and limited audience may support a fair-use argument. The conclusion is still fact-specific: the amount must be tied to the point being made, and the use should not function as a replacement for the source.
By contrast, scanning every illustration from a Nintendo Power issue, removing page creases, and selling a polished PDF as an archive takes the expressive material itself. Marketing the file to people who want the images rather than an analysis makes the transformative-purpose argument weaker and the substitution concern stronger. This is an application of the statutory factors, not a court ruling on any particular Nintendo image.
What Nintendo’s published notices say
Nintendo’s intellectual-property materials identify game visual displays, characters, packaging, manuals, labels, artwork and publications as Nintendo intellectual property. Its 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 asks 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, an agent or the law.
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Nintendo UK’s legal notice states that website content—including articles, artwork, screenshots, graphics, logos, digital downloads and other files—is protected by German and international copyright, trademark and other intellectual-property laws. It also says Nintendo does not grant individuals permission to use content from that website. That statement concerns the website content and is not, by itself, a license analysis for every historical publication, but it demonstrates why assuming a general personal-use permission is unsafe.
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Copyright is not the only risk
Trademarks and implied endorsement
Nintendo names, logos, character names and distinctive branding can create trademark or unfair-competition issues even when a copyright argument is uncertain. A listing that looks official, uses Nintendo logos prominently, or says or implies that Nintendo sponsored the scan can confuse buyers about source or endorsement. Removing logos does not cure an unauthorized reproduction of the artwork, but avoiding unnecessary branding can reduce an additional source of risk.
Other contributors and rights
An old manual or magazine can contain commissioned illustrations, photographs, maps, screenshots, or third-party advertising. Nintendo may not be the only rights holder. Check the credits, copyright page, masthead, publication contracts and any license notices before assuming that a Nintendo-owned title means every image is owned by Nintendo.
Territory and local law
The analysis above describes U.S. law. Fair-use doctrines differ internationally; some countries use narrower exceptions for quotation, parody or education. A written license must specify the countries, languages, formats, term, sales channels and whether sublicensing is allowed. A use lawful in one territory can still draw a complaint or injunction elsewhere.
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A due-diligence process before you scan or list anything
- Inventory every image. Record the publication title, issue or edition, page, creator credit, date, publisher, and whether the image is Nintendo-created, commissioned or third-party. Keep photographs of the physical item and your purchase records.
- Identify the rights holder. Search the copyright page, illustration credits and publisher records. Do not assume that a Nintendo logo resolves ownership of an outside artist’s work.
- Define the exact use. Write down whether the file is for private backup, a classroom, a critical article, a searchable research corpus, an art print, a marketplace download or a subscription. State the resolution, number of pages, price, audience and countries.
- Look for a written license. The document should expressly cover scanning or digitization, reproduction, derivative formatting, public display, distribution or sale, the selected platform, territory, duration, file format and any attribution or quality requirements. A general statement that you may use a product is not enough unless it covers these rights.
- Test a fair-use theory, if that is your basis. Explain the analytical purpose, why each excerpt is needed, how much is copied, what new context you add, and why the product will not substitute for an authorized edition. Save this contemporaneous analysis and drafts showing how the amount was limited.
- Review branding and listing language. Remove unneeded logos and avoid titles, thumbnails or descriptions that suggest sponsorship. Describe the item accurately as an unofficial work only if that wording is itself lawful and not misleading.
- Get advice before launch. A lawyer who handles intellectual property can evaluate the actual files, contracts and sales plan. This is especially important for a large catalogue, a paid archive, a crowdfunding campaign or sales outside the United States.
Common scenarios and their relative risk
| Scenario | Key legal features | Practical risk |
|---|---|---|
| Private scan for backup | No sale or public distribution, but a reproduction still exists and other laws or agreements may matter. | Lower enforcement exposure than a listing, not a blanket authorization. |
| Small excerpt in a critical article | Purpose may be comment or criticism; amount and context must be genuinely necessary. | Potentially defensible, but no automatic result. |
| Complete high-resolution manual scan sold as a PDF | Commercial distribution of the expressive work and a likely substitute for an official manual or archive. | High risk without a license. |
| Fan art that adds substantial original expression | Your additions may be original, while the Nintendo characters or underlying elements remain protected; the result may be a derivative work. | Permission and branding questions remain, especially for sales. |
| Resale of the physical magazine or manual | Transfers the particular copy rather than creating a digital reproduction. | Usually a different analysis from selling scans, subject to authenticity and other laws. |
What can happen after a listing goes live
A rights holder or marketplace may remove a listing after a complaint. Nintendo’s policy describes removal of apparently infringing content and possible limits on products or account termination. A platform takedown is not a court judgment, but it can suspend sales while the dispute is handled. Repeated notices, ignored counter-notice deadlines, or continued uploads can increase account and litigation risk.
Keep the source item, permission documents, fair-use memorandum, image inventory, correspondence and sales records. If you receive a notice, read the stated work, allegedly infringing material, response deadline and requested action. Do not assume that changing the file name, lowering resolution, adding a watermark or crediting Nintendo cures the claim. Consider counsel before sending a counter-notice or continuing distribution.
Safer ways to meet a preservation or research goal
- Keep the original physical item and create a private, access-controlled reference copy rather than selling downloads.
- Publish analysis with only the smallest excerpts needed to explain the point, alongside substantial commentary.
- Use images for which you have a clear license or that are genuinely in the public domain, documenting the basis for that conclusion.
- Ask the rights holder for written permission that describes the exact archive, audience, price and territory.
- Sell the physical original instead of manufacturing a new digital product when your objective is simply to recover its value.
Bottom line for a prospective seller
If your plan is to scan Nintendo artwork and sell the files as images, a PDF, an archive or a print-ready download, treat the project as requiring permission unless a qualified lawyer has assessed a narrow, well-documented exception. The combination of complete copying, commercial purpose and substitution for an official product is substantially riskier than a limited excerpt used to make a genuine critical, educational or research point. Owning the source, adding a disclaimer or crediting Nintendo does not change that baseline.
Frequently Asked Questions
Does an old Nintendo Power issue become free to copy because it is out of print?
No. Being out of print does not by itself end copyright. Check the applicable copyright term, renewal history where relevant, and the rights of Nintendo, the publisher and credited contributors before reproducing pages.
Can I sell fan art featuring Nintendo characters?
Your new drawing may contain original expression, but recognizable Nintendo characters and other protected elements can remain in a derivative work. Commercial sales also raise trademark and endorsement concerns; obtain permission or individualized legal advice.
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1Fix the driver behind crashes, sound loss and screen glitches2Repair Windows errors before they cause bigger problems3Scan for outdated or missing drivers - takes under a minuteWill adding “unofficial,” “no copyright intended,” or a credit stop a takedown?
No. Disclaimers and attribution do not grant reproduction or distribution rights and do not prevent a platform or rights holder from acting on a complaint.
Is a scan safer if I sell it only to a few buyers?
A small audience does not create a numerical fair-use exception. The purpose, amount, completeness and market effect still matter, and a paid transfer is still a commercial distribution.
What should I do if Nintendo or a marketplace sends a notice?
Preserve the notice and your source and license records, stop any required activity by the deadline, and obtain legal advice before replying, filing a counter-notice or relisting the files.
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