Table of Contents
The answer is, if you are creating fan art whether for profit or not, any copyrighted character or use of trademark in a description or title without prior written consent from the copyright owner, then selling fan art is illegal but making fan art is not illegal.
Can you sell art with trademark?
Trademarks. While copyright laws protect your artwork, trademark laws protect your business by making sure no one else can use that name to sell art. Your brand doesn’t get diluted by similarly named businesses, and customers are able to find you without any confusion.
Can you sell handmade trademarked items?
The only way to legally sell items with a trademark that you do not own is to obtain a license from the trademark owner. Trademarks are valuable property rights and are vigorously protected by their owners in most cases — even against a small, localized business.
Can you sell art with brand names?
NO. The use of a company logo without permission from the owner would likely violate both trademark law and copyright law.
Do trademarks apply to art?
It concludes that the artistic freedom constitutes a due cause for the use of a trademark or similar sign, other than for distinguishing goods or services, if the artistic expression is the original result of a creative design process that does not aim to harm the trademark nor the trademark owner.
How can I legally sell my art?
If you are selling any artwork yourself, it is a legal requirement to have a business license. It allows you to file for a DBA (Doing Business As) so that you can operate under the business name of your choice. You can also operate a business under your own name.
Is it illegal to sell fan art on Etsy?
Originally Answered: Is selling fan art in an Etsy shop illegal? If you are breaching trademarks or copyrights, yes, it’s illegal. The term “fan art” has no legal standing.
How do I avoid copyright infringement on Etsy?
Don’t Use Artwork That Isn’t Yours! Copyright law centers around the protection of someone’s creative work – and that includes art. Don’t use artwork from the Internet without an artist’s permission and then reproduce it on t-shirts, jewelry or other paraphernalia.
Can I sell characters on Etsy?
Copyrighted Characters Another common intellectual property infringement found on Etsy was use of a character’s likeness. Some uses may be considered fair use, however, if you are selling these goods without a license you are most likely infringing. Avoid character use, unless you have permission.
Can I sell Disney themed items on Etsy?
You CAN sell things that have the same “theme or story” that a Disney movie has used. You CAN’T sell Disney inspired products. So yes, Disney themed items do infringe on trademarks.
Can you paint something and sell it?
It is illegal to sell, publicize and publish a copy of an artwork unless you have prior permission from the copyright owner. It is also illegal to publish and sell an artwork that’s substantially similar to another original work of art.
Can I use a logo in my art?
Yes. A logo that includes artistic or design elements, (i.e. not just the name on its own), is legally regarded as being a work of artistic creation and therefore will be protected under copyright law. Copyright protects the logo as an artistic work.
Can I sell art with famous quotes?
YES. You can legally use quotes in small business that are in the public domain. Generally, quotes said before 1923 are in public domain because the protection on them is now expired.
Is art automatically trademarked?
Yes, your art is automatically copyrighted, but believing that no further action is necessary in terms of formally registering it with the United States Copyright Office can be a major mistake.
Can you sell paintings of people?
You can sell a fine art painting of a celebrity as long as it is a transformative work of art. This means it needs to be artistic in nature, not just a faithful likeness. The painting cannot copy an existing work of art (including a photo), and cannot interfere with a celebrity’s “right of publicity”.
How much is it to copyright artwork?
Unfortunately, using the US Library of Congress’s Copyright Office does require a filing fee. The standard filing fee for copyrighting art is $55, but if you’re registering only one work as the sole author and claimant, it will cost only $35. You must file individual claims for each artwork you wish to copyright.
Is selling art online illegal?
The answer is, if you are creating fan art whether for profit or not, any copyrighted character or use of trademark in a description or title without prior written consent from the copyright owner, then selling fan art is illegal but making fan art is not illegal.
Is it legal to resell art?
Yes, it is legal to resell the art that you own. If you own the artwork legally (e.g. by purchasing it) and can back it up with a document, like a valid receipt, then there should normally be no problem selling it.
Do I need a tax ID to sell art?
If you are selling your artwork, then the answer is yes. You may also need a sales privilege license to collect sales tax and an employer identification number (EIN) for filing taxes for your business. Additional licenses may be required when your artwork is sold at art festivals and shows.
Is unlicensed merch illegal?
No it is not legal, it can get you into a lot of trouble. Using images created by others without permission is copyright infringement. Using the name of another business or brand to sell your own products is often trademark infringement.
Can I sell paintings of anime characters?
You are allowed to sell copyrighted anime characters if you are licensed to do so. Under the law, the artist who owns that type of intellectual property must give you permission to create derivative works for sale.
Can you sell art inspired by books?
Absolutely not! if a character is protected by an existing copyright, then artwork based on those illustrated characters is the creation of an unlicensed derivative work, which constitutes copyright infringement.
