QA

Question: Can I Sell Harry Potter Fan Art

You can’t use anything from Harry Potter for commercial purposes (i.e. selling it). Saying your art is “inspired by” does not get around the infringement issue. You should create your own art, rather than try to find a way to use someone else’s name, brand, creation, art, or other copyrighted or trademarked work.

Can you sell Harry Potter inspired art?

Can You Legally Make and Sell Harry Potter Related Products? No, absolutely not. Everything Harry Potter is well protected with multiple trademarks that are owned by Warner Brothers Entertainment. Everything from the names of the books and movies, to house names, and the term ‘Muggle’ are trademarked.

Do I need permission to sell Harry Potter merchandise?

Selling those products without proper paperwork and valid authorization attracts various criminal prosecutions. Therefore it is necessary to obtain all legal permission before selling any movie merchandise.

Is it legal to sell fan art?

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 sell fan art on Etsy?

You have the exclusive right to use it unless or until you give other people permission to use it. And further, you control how they use it. For example, you can stipulate whether it’s strictly for personal use, or commercial. That is, whether they can sell what they make with it.

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.

Is lumos copyrighted?

The names, images and logos identifying and owned by us or third parties and their products and services are subject to copyright, design rights and trade marks of ours and/or third parties.

Are Harry Potter spells copyrighted?

By the very fact they are used within a published piece of literature they are automatically copyrighted. If you were to publish a new story that included the same exact spells with the same exact magical effect, there would definitely be grounds for injunction or a lawsuit.

Is Muggle copyrighted?

The word muggle cannot be copyrighted, it can only be trademarked.

Who owns Harry Potter copyright?

In a landmark deal that ranks among the largest movie franchise rights agreements of all time, NBCUniversal has acquired exclusive rights for the popular films and accompanying J.K. Rowling’s Wizarding World franchise from Warner Bros.

Is it legal to sell fan art on RedBubble?

Fanart on Redbubble is not legal but anime fanart usually isn’t dealt with by the original creators for a bunch of reasons. One, the fanart people make is often of something the creator would not release official merch for, like maybe a ship fanart for a fanon ship.

Can you sell celebrity fan art?

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”.

Can you sell art of characters?

You cannot sell derivative artworks made of copyrighted characters, and the only exception is if you have written permission from the copyright holder.

Is fan art considered fair use?

If the owner does not consent to a particular use of a work, fan art may be considered infringement of either the copyright and/or trademark of the original work that the art is based on. On the other hand, it may not be infringement if it is considered a “fair use” of the work.

Can I sell Disney fanart?

You cannot sell your drawings of Disney characters because, by doing so, you would be infringing on The Walt Disney Company’s copyrights and trademarks. These characters are their intellectual property. If you want to sell your Disney artwork, you have to secure a license from them.

Does fanart fall under fair use?

Many believe that any use of famous characters is fair use so long as it is not “commercial.” The fair use doctrine under copyright law does not give carte blanche protection from infringement to entire genres of derivative works like “fan art” or “mash-ups,” or to “noncommercial” depictions of famous characters.

How many copyright strikes can you get on Etsy?

Etsy has a 3 strikes and you’re out policy.

What can get you kicked off Etsy?

The primary reason for being banned from Etsy is that you are selling the wrong product. According to the Etsy house rules, you are allowed to sell handmade, vintage (over 20 years old), and crafting products.

Can Etsy sue you?

Warranties and Limitation of Liability (or the Things You Can’t Sue Us For) Items You Purchase. You understand that Etsy does not manufacture, store, or inspect any of the items sold through our Services. Any legal claim related to an item you purchase must be brought directly against the seller of the item.

Can I sell Harry Potter crafts?

You can’t use anything from Harry Potter for commercial purposes (i.e. selling it). Saying your art is “inspired by” does not get around the infringement issue. You should create your own art, rather than try to find a way to use someone else’s name, brand, creation, art, or other copyrighted or trademarked work.

Is Malfoy copyrighted?

For example, the character of Harry Potter is legally trademarked by Time Warner Entertainment, so that no other works of published literature can use the name Harry Potter or the character associated with it. Nor can you use Draco Malfoy, or a few others.

Is Slytherin copyrighted?

SLYTHERIN Trademark of Warner Bros. Entertainment Inc. – Registration Number 4026600 – Serial Number 77794425 :: Justia Trademarks.

Can I use the word muggle in my business name?

The term “muggle” is trademarked. As we all know, it belongs to the Harry Potter universe describing someone who isn’t a wizard or witch. In geocaching, it refers to someone not aware of geocaching. For commercial purposes, this word can’t be legally used.

Who really wrote Harry Potter?

J.K. Rowling is the British author who created the popular and critically acclaimed Harry Potter series (seven books published between 1997 and 2007), about a lonely orphan who discovers that he is actually a wizard and enrolls in the Hogwarts School of Witchcraft and Wizardry.

Can I use the word muggle?

Among those words was Muggle. A Muggle is a non-magical person. It’s a noun (“The Dursleys are Muggles”) and can be used attributively (as in “the Muggle world,” above).