QA

When Someone Draws Fan Art Of Your Character

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 drawing fanart legal?

Is fan art legal? If you are making money from fan art, whether you are selling it or otherwise benefiting financially, this is generally illegal (unless you have permission from the copyright owner, of course).

Is it bad to do fanart?

Fan art in general is fine. The idea of wanting to draw something from a movie, game, book, whatever you like is kinda fun. Just to give you an example, this is one of my fan art pieces. That’s an example of fan art that I love painting, and I found a lot of people like viewing.

Is drawing a character copyright infringement?

For characters, the character only becomes protected under copyright law once it becomes a unique expression, i.e. drawing your own rendition of something or adding certain attributes. For video games though, the unique expression is the actual visual character created by the artist.

What are fan drawings called?

Fan art or fanart is artwork created by fans of a work of fiction and derived from a series character or other aspect of that work.

Is selling fanart on Etsy illegal?

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.

Can you sell fan art of celebrities?

But is it okay to sell celebrity portraits? 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.

What is the purpose of fanart?

Fanart allows fans to indulge in their favorite series and characters past what the original source material has to offer, often times giving the fans a new perspective altogether.

What is the point of fan art?

By creating fan art, some creators want to expound on the fandom itself. The purpose of fan art is to practice skills within a known universe, according to Levine. People often find that their passion for a medium helps them grow into that skill, and fandom is an excellent way for them to do that.

How can I get better at drawing fanart?

To find out, we contacted a range of artists who create fan art and asked them for their tips for creating original work that looks great. Learn the basics first. Play around. Adapt your tools to your lifestyle. Build depth with layers. Be true to yourself and your style. Use a lighter touch. Take your time. Keep practicing.

Can I draw a picture of a cartoon and sell it?

Legally, yes. The copyright holder could certainly sue. However, the selling of certain types of fan art is in the best interest of the comic book industry.

Is fan art subject to copyright?

Fan art can be considered a derivative work, therefore most fan art is an infringement of DC’s copyright. BUT, copyright law has a doctrine called “fair use” that (in the name of free speech) protects certain uses that would otherwise be an infringement.

Can I draw a cartoon and sell it?

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 art a fan art?

Many people think that fan art, or art based off of a previously existing thought, isn’t considered real art, because it isn’t original. The critics of fan art claim that it’s not courageous enough to be considered real art. Fan art is based on an idea that is not their own, and simply builds off of something.

Does fanart infringe copyright?

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 illegal to sell drawings of characters?

The laws say you are not allowed to profit off of someone’s copyrighted characters. The only way you can be sure is if you have written permission from the copyright holder. They can still go after you if you are creating derivative works from copyrighted characters.

How do I get a license to sell fan art?

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.

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 paint a picture of someone famous 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”.

Do you need permission to draw celebrities?

Personality / celebrity rights are protected by both federal law and in around thirty states. There is an exception under this law that allows the likeness etc. to be used in unique (but not multiple) works of visual art.

Are celebrity pictures copyrighted?

Copyright applies as soon as someone creates an original piece of artwork. This happens regardless of whether a professional camera or a smartphone was used. The celebrity’s picture may not even belong to the celebrity herself, but to the photographer who took the photo. They took it, They own it.

Is fan art transformative?

The basic rule is that a fanwork based on an existing work should be transformative. Transformation means adding something new, in meaning or message, to the original. We consider that fanart, like fan fiction, is generally transformative. Please remember that the ratings and warnings policies apply to images.