1. Because I don’t know what your prop is used for, but there is no doubt that the original creator of the pattern in the picture must own the copyright. If he applies for a design patent, he also owns the design patent. right.
2. Because it is based on the picture on the Internet, it depends on how long ago the picture was created. The law stipulates that the protection period of copyright is 50 years after the author’s death, and the protection period of design patent is 10 years. If If you use it after this time period, then the work already belongs to the copyright domain and does not constitute infringement. If it is still within the time limit, it will be protected by law.
3. Because your actions are for commercial use, they do not constitute fair use or statutory permission under copyright law. If only the size is different, it still constitutes copying in the sense of copyright law. It is a copying from two-dimensional to three-dimensional, which is an infringement. If there is no infringement, then there must be a substantial difference (this is a professional term, which is difficult to explain). According to your description, there is no doubt that it constitutes infringement.
4. As a solution, it is recommended that you contact the copyright holder of the picture in time to apply for permission to use it. Of course, if there are many such infringing model props online, I believe he will not be able to control them. Moreover, the infringement stipulated in the current copyright law The amount of compensation is not large. You can weigh the cost of compensation after infringement and the benefits of using this prop now to see if it is worth it. But if you are from a large company, you must reflect the qualities that a large company should have, negotiate in a timely manner, and sign a licensing contract.
Because time is tight, I will not list the legal provisions. For specific legal provisions, please refer to the "Copyright Law of the People's Republic of China". Relevant provisions of the Patent Law of the People's Republic of China.
I hope my answer will be helpful to you, thank you~~