Selling Art

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Cashew12
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Selling Art

Postby Cashew12 » Wed Jul 24, 2013 12:06 pm

Hello I was wondering if anyone can tell me what gives artist the right to sell items with anime characters on it at the con? really it is illegal to sell items that are copyright from another person or company like Batman Symbol

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kyuryu
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Re: Selling Art

Postby kyuryu » Wed Jul 24, 2013 2:57 pm

That is a jest ion I'm sure many of the artists in the alley have pondered before.

http://www.paperwingspodcast.com/2012/11/fan-art/

This is a video/article on a panel from comic con on fan art law.

Really if your curious watch it. If you do make fan art, even if you don't sell it, watch it. It should answer most jest ions you have on the subject.

Cashew12
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Re: Selling Art

Postby Cashew12 » Wed Jul 24, 2013 5:07 pm

well I watched it, but I would seem that millions of people need to be sued lol

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Hikaru0
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Re: Selling Art

Postby Hikaru0 » Thu Jul 25, 2013 8:08 pm

I responded to your PM, but I will also copy-paste my response to you here Cashew.

I am not sure what context you're stating this question in, but at the convention as long as it is fan-created and not a copy of merchandise that already exists (IE: a soul eater keychain that is an exact replica of a Funimation Soul Eater keychain) or so long as it does not contain copyrighted imagery (scrabble tile necklaces with cutouts from magazines or printed pictures directly from an internet source for instance) it falls under a grey area of fan recreation. Most artists, when asked, will say they're selling the time and resources they put into the item, not the character itself.
If a company or copyright holder requests that no merchandise be sold from their franchise, then we add it to our do not sell list, and ban it from the alley.

I hope this answers your question.

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Re: Selling Art

Postby Zrana » Mon Jul 29, 2013 6:00 pm

I just wanted to say something about copyright, at least how I understand it.

Characters aren't copyrighted. They are intellectual property or trademarked or something like that. Copyright is about that specific image, sound clip, that sort of thing.

So a perfectly reproduced image or audio clip is copyrighted. Making your own image of a character in your own pose and style different for official merchandise and stills/pictures/pages from the original material, or your own performance of someone else's music and such does not break copyright absolutely. Copyright is the right to COPY. Thus the "gray area" with fanart when it isn't a "xerox copy" of the original work. True copyright breaking is making pirated copies of stuff, or reprinting pictures, and other duplications of the original works.

Also, copyright is a CIVIL law, not a criminal one. So unless the copyright owner themselves makes a fuss about it (or people they task with making a fuss for them--such as companies that license the work for distribution in other countries), it's a non-issue. Mister cop man or uninvolved parties can't charge someone with breaking copyright and take people to court over it on the copyright holder's behalf. People can also lose copyright protection for their work if they don't enforce it regularly. Say I create a character, and people make fanart of it. If I consistently tell others "don't do that", then I may just have a case if one person ignores my wishes and I want to take it to court. But if I instead constantly let people make fanart, but don't make a fuss until one particular person (whom I hate with a passion on a personal level) makes a fanart of no different scale or quality as the previous people, I may not have a good case.

Copyright holders are the only ones that can go around suing people. Same is true for any civil cases--only the involved parties can sue (or those legally given the right to do so on their behalf).

So when Eiichirou Oda, Shueisha, Toei Animation, Funimation, Viz start telling people that One Piece fanart is an unforgiveable thing to do outside of the privacy of people's own homes, then people will need to stop making it and respect their wishes (or be brought to court if caught), but until then, people are pretty much okay to keep on keeping on with their own One Piece inspired creations.

The Rose of Versailles creator, to my understanding, DOESN'T approve of fan made creations. Thus part of the uproar when cosplay from it won at the Cosplay World Summit or something like that some years ago, considering previously the series stuff wasn't allowed. (I may be remembering wrongly though.)

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WeeabooWarehouse
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Re: Selling Art

Postby WeeabooWarehouse » Tue Jul 30, 2013 10:09 pm

The way I try to respect this gray area is by researching the studios or companies ahead of time.

There is something called Fair Use, which is a companies/studios permits limited use of copyrighted material without acquiring permission from the rights holders.
https://en.wikipedia.org/wiki/Fair_use

My Little Pony I believe allows Fair Use.

Viacom, Disney and Nickelodeon do not.

And if a cease and desist comes your way, the best thing to do is respect it :3


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