Can You Sell Art

You can’t talk about sites to sell artwork without mentioning Etsy. Launched in 2005, this mega-popular online marketplace has become the go-to spot for crafters, designers, painters, and artists of all kinds to showcase their work, connect with potential customers and sell their art online.

Is it illegal to sell art?

Technically speaking, there’s nothing illegal in the US about making and selling fan art because copyright isn’t enforced criminally. If you don’t want that threat hanging over your shoulder, your best option is to try to get permission from the copyright owner to make and sell your fan art.

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.

Do you need permission to sell art?

The general consensus is that in most cases you do need a business license to sell your art. A business license is a local requirement that basically enables you to sell something. It is necessary if you want to collect taxes or for remaining in compliance with your business.

Can I draw a celebrity and sell it?

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 I draw Disney characters and sell them?

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.

Can I sell art as a hobby?

Both hobby sales and business sales are considered earned income by the Internal Revenue Service. Generally speaking, if you sell art as a hobby, you may only deduct related expenses up to the amount of income you receive on hobby sales.

Do you have to pay taxes on art you sell?

The art sold by artists and dealers is considered inventory, which means sales are taxed generally at rates of up to the highest ordinary income tax rate, which is currently 39.6%. When investors sell works of art, they are acquiring gains on their investments, similar to selling stock for a profit.

Do you need a license to sell art on Etsy?

Etsy doesn’t require sellers to have a business license to sell products via its platform. However, the state, county, and local municipality where you’ve formed your business may require you to hold licenses and permits to operate your company legally.

Is it legal to sell art prints?

Yes, so long as they are no longer protected by copyright. So, for example, anything created by the artists you note would be in the public domain.

Is selling fanart 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.

Does an artist need an LLC?

For a majority of rising artists, a limited liability company (or LLC) will make the most sense, as opposed to a partnership or corporation. (LLCs offer legal protection partnerships don’t. They also need less maintenance than full-fledged corps.

Is drawing someone without permission illegal?

“An artist may make a work of art that includes a recognizable likeness of a person without her or his written consent and sell at least a limited number of copies thereof without violating” his or her right of publicity, the court found.

Is it okay to draw from photos?

Drawing from photos is considered bad practice if the artist is a slave to their reference. It inhibits the artist from experimenting freely and stunts their ability to develop their own style. Cameras also distort perspective and overload the eye with too much detail.

Is it legal to draw copyrighted characters?

Any commercial use of a copyrighted cartoon character without permission of the copyright holder is a violation of law. This includes the sale of any drawings or art works, either by themselves or in some other form such as on a T-shirt, team logo, advertisement, billboard, or promotional design.

Is drawing cartoon characters illegal?

To clarify, under federal law, drawing and animation are considered child pornography, and you can be convicted for possession or marketing of such material.

What characters are not copyrighted?

8 Characters in the Public Domain that Crafters Can Use Alice’s Adventures in Wonderland. The Wonderful Wizard of Oz. The Little Mermaid. Rapunzel, Snow White, and Cinderella. Aladdin, Sinbad, and the Hunchback. Ebeneezer Scrooge. Classic Monsters. Sherlock Holmes.

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.

How do I price my art?

Pay yourself a reasonable hourly wage, add the cost of materials and make that your asking price. For example, if materials cost $50, you take 20 hours to make the art, and you pay yourself $20 an hour to make it, then you price the art at $450 ($20 X 20 hours + $50 cost of materials).

Is my art a hobby or a business?

For many of you this activity, in the view of the IRS is considered a hobby, and not a business. You must include, on your federal and state annual tax return, income from your sales of artwork. The IRS claims if you do artwork for recreation and pleasure it is a hobby, not a business.

How do I know if my art is good enough to sell?

Get critiques from other artists Let them know that you’re interested in selling your art, and ask point blank what you need to change to do so. Don’t be surprised if they seem hesitant to give you a specific number; but if they do mention a set price, it probably means they believe your art is good enough to sell.