Is it legal to sell fan art? How to sell fan art legally (2023)

Is selling fan art illegal?

Are Copyrighted Character Fan Art Commissions Illegal? The answer is, whether you create fan art for profit or not, any use of copyrighted characters or trademarks in a description or title without the prior written consent of the copyright owner, selling fan art is illegal but making fan art is not illegal.

Confused? Then you can thank copyright.

Read on to make sure you don't risk being sued by millions.

There are many ways in art and law to interpret meaning and risk prosecution by the copyright owner for illegal fan art.

Read on if you need a deeper understanding of what fan art is, how to get permission to sell fan art, why selling fan art is illegal, and the like.

Disclaimer: I am not a lawyer, have never practiced law and this opinion should not be taken as legal advice. If you need professional legal advice, consult a licensed attorney in your city or state who specializes in copyright law.

My firstFan Art CommissionAs an artist, he was like an eight-year-old. My colleagues paid me in chocolate to draw Marine Boy. One of the first Japanese anime cartoons of the 1960s, Marine Boy was about a young boy who could swim underwater. Animation had a resurgence in the 1980s when I was a kid.

Little did I know I could have been sued by the copyright owners. Luckily I was only 6 years old and no one but a few lucky classmates knew I had made the drawings.

I never asked myself, "Is that it?Legal turns into fan art"„?

Pssst.. quick if you just want to know how to get permission to sell fan art read my other post which covers this topic in more detail –How to get permission to sell fan art.

If not, read on!

Need fan art ideas? I have the perfect hacks and an A-Z listing

this linkFan Art Ideas Hacks with great examples from A to Zbrings you to another article where I detail how I come up with unique fan art ideas.

can i use it checklist

Please feel free to share this infographic and provide a link to this page. Thanks.

What is fan art?

Fan art is any artwork in any medium (digital and physical products) that features characters or settings not originally invented or created by the artist selling the artwork.

It can be art, novels, short stories, goods with well-known cartoon characters. Even characters from games, films and cartoons in new settings, or even a complete copy of a well-known image reworked by the artist.

Fanart commissionsThey were there long before Betty Boop appeared on the sides of WWII bomber planes, so why the fuss now?

What are commissions?

Simply put, commissions are whensomeone like a collector, artFan, someone who wants to gift someone an artwork will find and pay an artist to create an artwork specifically for them based on their specifications.

The artist and buyer usually negotiate prices and terms, e.g. B. which works of art are created. Commissioned artworks are usually one-offs and are not available for resale unless the artist retains image rights for prints.

In the case of fan art, a buyer can commission an artist to do itcreate a unique work of artbased on a popular character or scene from a movie, cartoon, popular item, car, etc.

An example would be if I received commissions on muscle cars from popular models and brands.

One day I received a notice asking me to withdraw my drawings of all my 1960's Chevy Camaros that I had for sale.

I figured that would never be a problem, most of the cars I drew were from the 1960s and 1970s and were part of popular culture.

Chevrolet and GM didn't place that order directly, they hired an agency to track anything for sale online that matched certain keywords.

If they're not licensed, they'll request takedown for copyright infringement or face legal action.

I haven't had this problem with other GM brands like Pontiac, Corvette or Holden, nor with Ford.

Why is selling fan art illegal?

The main problem withSelling fan art commissionsNot only are they illegal, but creating fan art can interfere with the sale of officially sanctioned and licensed merchandise.

The illegal part is not paying royalties or asking for permission.

Some artwork copyright owners give fans a little freedom to create artwork without charging anything.

When a copyrighted or trademarked image is used in a way that wasn't originally intended, it becomes a problem.

This could be swapping words in a trademark for an offensive word but keeping the same design, or portraying a healthy cartoon character in a not-so-healthy way.

Some websites that allow you to upload art for sale, such as B. Redbubble, viaFan Art Affiliate Programhas now entered into an agreement with a number of copyright owners to pay royalties on fan art on behalf of the artist when a sale is made.

For more information visitredbubble.com/partner-program

The laws of art and fan art

Art falls into one, possibly two, categories of intellectual property. Works of art can fall under both copyright and trademark law. The other two categories that art does not typically fall into are trade secrets and patents.

Copyright ©

AccordinglyWikiwhich was based on primary sources of information:"ÖUnited States copyright lawaims to encourage the creation of art and culture, rewarding authors and artists with a range of exclusive rights. The copyright grants authors andartists the exclusive right to manufacture and sellCopies of your works, the right to create derivative works, and the right to publicly perform or display your works. These exclusive rights are limited in time and usually expire 70 years after the author's death. In the United States, all music composed before January 1, 1924 is generally considered to be in the public domain.”

So as long as an artist is alive or their estate administers the rights for up to 70 years after their death, you have many limits on how you can leverage creating fan art. This period of 70 years can also be extended, take Disney as an example. If the law was strictly black and white, could anyone copy Mickey Mouse past 2024? NO!

You can only copy the first version of Mickey Mouse, later versions cannot!

consequentlyarstechnica.com Article;“The expiry of copyrights on characters like Mickey Mouse and Batman will raise complex new legal issues. After 2024, Disney will not have copyright protection for the original incarnation of Mickey Mouse. But Disney will still own the copyright to subsequent incarnations of the character - and will also own Mickey-related trademarks."What us to…

If you are interested in researching more about copyright, I found that Amazon has a lot to offer please click on the links below - please note that as an Amazon Associate I earn from qualifying purchases.

Understanding Copyright, Seventh Edition (Understanding Series)
Copyright, Cases, and Essential Materials (American Casebook Series)
Copyright (examples and explanations)

trademark

again accWikiwhich was based on primary legal sources of information:“A trademark (also brand or trademark) is a type of intellectual property consisting of a recognizable sign, design or expression that identifies products or services from a particular source from others, although marks used to identify services in general referred to as service marks. The trademark owner can be an individual, a commercial organization or a legal entity. A trademark can be on a package, a label, a coupon or on the product itself. Brands are often placed on company buildings for reasons of corporate identity. It is legally recognized as a type of intellectual property.”

What does brand have to do with art? Well, many people inadvertently infringe a trademark by using trademarked words or logos in their description or their own artwork. Any logo such as B. a Coca-Cola logo used on artwork is prohibited. The same applies if you use an X-Men logo on the chest of a character you design.

Use of Trademarks in Your Art Titles

As already mentioned, one of the attacks I was made on was by a bot that searched the Internet for certain keywords. The company using the crawler found that my keywords were very specific and, without reviewing my artwork, requested that my artwork be removed.

If I hadn't been so specific about the make and model of the car, I'm pretty sure I wouldn't have gotten the disassembly notice. At the same time, I'm sure most buyers would never have found my designs without the right keywords.

While you need to be specific about your keywords in order to be found, be careful not to step on trademarks when registering a domain or listing an item for sale. Using a trademark in your URL can even allow the trademark owner to take over your domain!

Fair Use – Ist Fan-Art fair use?

There is a doctrine in the US, and most parts of the world have a version of it to protect artists called Fair Use.

"Fair use is a doctrine of U.S. law that permits the limited use of copyrighted material without first obtaining the permission of the copyright owner."

If you only create fan art and don't sell fan art, you make no profit from selling copyrighted images as you're only doing this to further your skills and build a portfolio, then your work would fall under fair use.

It is listed below on the government's official copyright website.
https://www.copyright.gov/fair-use/more-info.html

In addition, there is a code of conduct that is created specifically for artists and can be accessed herehttps://www.collegeart.org/programs/caa-fair-use/best-practices.

Here is an excerpt:

..the right to doFair use of copyrighted material is a fundamental tool in the visual artscommunity, although its members do not always choose to use it. They can still obtain copyright permissions, for example to maintain relationships, reward someone deemed worthy, or gain access to material needed for their purposes. But in some other cases, including those described in the Code, they may choose to use copyrighted material fairly to further their professional goals.

Where the law is on the artist's side is when the artist is using copyrighted material for inspiration or admiration and provided it is not an exact copy, d should be fine. The problem is, if you're doing this with fan art, the original art you're trying to copy will bear very little resemblance to the original.

Many members of the visual arts community apply fair use in their professional practice, and many do so on a regular basis. For example, scholars and their publishers use fair use in the context of analytical writing (e.g. when using reproductions of copyrighted artwork and quotations). Teachers rely on it - along with other copyright exceptions - to show images of work being discussed in class and, even more so, to provide relevant images for students to use outside of the classroom. In the museum context, fair use can be used in exhibitions and publications, as well as in a variety of digital and educational projects. Artists can use fair use to build on existing work, engage with contemporary culture, or make artistic, political, or social comments. And the fine arts community at large benefits from fair use as it enables improved access to archival materials. These are just a few of the more common ways in which fair use is central to the practice of fine arts.

https://www.collegeart.org/programs/caa-fair-use/best-practices

So where's the you or me? Should you accept commissions for fan art? I answer that below.

Should I risk accepting commissions for fan art?

Personally, I still take commissions for fan art. And I do so knowing that there are some risks if I manage to get the attention of copyright owners.

In most cases I will be instructed to withdraw my artwork or stop selling it. I don't usually charge enough to pose a financial threat to the copyright owner, and unless I make a substantial income from it, I doubt I'll ever end up in court. However, I stay away from disputed works by copyright owners.

I am not advocating that you break the law and I am in no way responsible if you are sued. I have expressed my personal opinion and that risk is mine and not yours. Please remember that if I receive a request to remove artwork from a copyright owner, I will do so immediately.

(Even if you live outside the US, if the copyright owner is a US resident or owns an international trademark, they can prosecute you for lost revenue or takedown.)

What is the Education Act?

According to the TEACH law:

• Trainers or teachers can use a wider range of works in distance learning settings.

• Students can participate in distance learning sessions from virtually anywhere.

• Participants have greater freedom in storing, copying and digitizing materials.

https://www.copyright.com/wp-content/uploads/2015/04/CR-Teach-Act.pdf

Respond to requests from copyright and trademark owners

So when you receive a notice (not if, but when) to remove copyrighted or trademarked fan art, don't think you're too small to be sued or any smarter than a megacorp's lawyers. The effort against the request is not worth it.Just leave it.

How to legally sell fan art

There are a few things you can do to legally sell fan art and not break the law.

1. You may obtain written permission or consent from the copyright owner. The chances of this being granted to a small operator are very slim.
2. List your artwork for sale on a site like Redbubble, which has already set up the processes to collect royalties on your behalf from specific copyright owners.
3. Or what I do – I sell fan art in such small numbers that I stay under the radar. 20 years later nobody came for money.
   • If so, find outhow to sell prints of your amazing workeSee if making an impression is worth it

If you want to learn what to do to get permission to sell fan art, read my other post which covers this topic in more detail -How to get permission to sell fan art

Are collages legal?

Since most collages are the collage of images or text from magazines or books, or even images by other artists, this too may fall under the watchful eye of someone intending to claim theft.In this post, I address the question – is collage art cool?

Continue reading

When you found the topicIt's cool to sell fan artinteresting, so I suggest you pick up a copy of„>“Beg Steal & Borrow“ von Robert Shore. It walks you through all the examples of artists borrowing from other artists, the technicalities of copyright law, fan art copyrights, and how to sell fan art.

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Yes they are. InnerSloth, who created the game Among Us, which uses Among Us characters for fan art, owns the copyright to Among Us characters. currently not allowFan art items to be sold, so be careful if you intend to sellAmong Us Merchandising Without Permission. If you are caught selling goods between us, you will receive a legal takedown notice.

Sim-OriginalPokémonSprites are just smaller versions of the same parent image they are based on.Pokémonis trademarked andCopyright ©Law internationally and in the US.

Yes, Nintendo characters are copyrighted, but they allow non-commercial uses of their characters for fan art. This was an odd question as it seems that Nintendo is really into fan art and doesn't actively track or enforce fan art takedown notices, even if you sell them. Although they pursue anyone who develops games based on Nintendo characters.

Yes, players own what are known as image rights, and while these rights are intended to prevent your likeness or likeness from being used in advertising or merchandise without your permission, they can extend to fan art. I highly doubt they would go after artists selling gamer fan art unless it was a large scale operation.