Table of Contents
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.
Is posting fan art illegal?
Quick answer: While it is generally illegal to sell fan art, it may be OK to publish your fan art as long as you don’t make money from it. Fan art, fan fiction, or any other creative work inspired by popular culture is a complex and controversial issue.
Is it legal to sell fan art on Etsy?
Can I Sell Fan Art on Etsy: Just as you CAN rob a store, you CAN sell fan art and copyrighted works on Etsy, however just as with any form of breaking the law: it’s at your own risk. In some cases you may be protected by fair use but as soon as you’re making money from it, assume that you’re not.
Is it legal to sell fan art of celebrities?
You should avoid selling celebrity portraits unless you have permission to do so. In most states, you have a “Right of Publicity” which prohibits anyone from selling or exploiting your name, likeness, or personal features without your consent.
How can I legally sell fan art?
How To Sell Fan Art Legally You can apply to the copyright owner for written permission or consent. List your art for sale on a site such as Redbubble, who already have implemented the processes to collect royalties on your behalf for specific copyright owners.
Is Disney fan art legal?
Fan art is absolutely okay to make and share. However, if you are drawing an almost exact replica of a Disney character, you cannot sell your fan art. There are no protections for selling fan art that is a near copy of a Disney character.
Is fan art considered fair use?
Display and distribution of fan art that would be considered a derivative work would be unlawful. However, American copyright law allows for the production, display and distribution of derivative works if they fall under a fair use exemption, 17 U.S.C. § 107.
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. Some territories have unregistered trademark rights, unregistered design rights, and laws against “passing off” of unlicensed products.
Is Harry Potter fan art illegal?
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 I paint Mickey Mouse and sell it?
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 you draw a famous person 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”.
Is it legal to sell fan art on redbubble?
When your fan art is approved, it means that the owner of the IP you used is part of the Redbubble partner program, and has given you permission to use their intellectual property in this particular work and sell it on Redbubble (but it’s important to remember that their permission doesn’t extend to anywhere else).
Is it illegal to draw a copyrighted photo?
Photographs can be copyrighted. A drawing made from a copyrighted photograph is a derivative work; such a drawing can be published only if the copyright owner of the underlying photograph has given his express consent. The artist of the drawing also has a copyright on all aspects original to his or her drawing.
Is selling fanart illegal Reddit?
So as far as I know, it is 100% illegal to sell fanart. If you don’t have have rights to the character you are not allowed to sell it. Despite this people will always get away with it. This isn’t always a problem with the copyright holder because in most cases, these people are making a very small amount of money.
Is it illegal to sell Disney crafts?
Answer: “Illegally.” You cannot legally make and sell any product with Disney lyrics, quotes, or characters on it without permission from The Walt Disney World Company. Unfortunately for small sellers, Disney has far more resources to legally pursue you and you will not win the battle.
Are fan animations illegal?
The key point to remember is this: Fan fiction and fan art are, usually, an infringement of the right of the copyright holder to prepare and license derivative works based on the original. This is almost without exception. There are many lines that a fan artist can cross and wind up in legal trouble.
Can you sell fan art prints?
The main way to get permission to sell fan art is to obtain a license from the copyright holder. For most artists who create fan art and do not expect to have the volumes of sales to support the cost of a license there is also the option of paying royalties through a site such as RedBubble.com.
Is selling unofficial merchandise illegal?
While the action of making and selling such products without permission is illegal, buying the products isn’t. The Rights of Publicity is protected under Civil Law and not Criminal Law. The products themselves aren’t illegal, the act of selling them without permissions is.
Can I sell a shirt with Mario on it?
You can do it, but it’s illegal and you will definitely lose in court unless it’s clearly a parody of their work, or derivative of it — that is, if your work is based on their work, but is clearly meant to be different and original and not merely an.
Can you legally sell Harry Potter stuff on Etsy?
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.
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.
