Why Can People Create Fan Art Without Getting Sued

Technically speaking, there’s nothing illegal in the US about making and selling fan art because copyright isn’t enforced criminally. Rather, copyright owners enforce their rights by suing infringers in federal civil court. If they win, they could get money from you.

Is posting fan art 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 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.

Are you allowed to 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.

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.

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 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.

Does Disney sell fan art?

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. A third common statement is fair use.

Is fan art fair use?

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. (2) The nature of the original copyrighted work.

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.

Is the word Hogwarts copyrighted?

HOGWARTS Trademark of Warner Bros. Entertainment Inc. – Registration Number 4053475 – Serial Number 77791665 :: Justia Trademarks.

Can you get in trouble for selling fanart?

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 BTS fan art?

Selling something with BTS on it, is illegal. According to a recent issue over such a contract involving BigHit and BTS, the fees payable to BigHit for the Rights of Publicity of BTS in this case was a monthly fee of 300 million won (nearly 300 000$ or 250 000€).

Do you need 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.

Is Ranboo OK with selling fanart?

Fanfiction: Ranboo has said that he is okay with fanfiction involving him, as long as it isn’t NSFW. Fan Art: he’s okay with fan art as long as it’s not NSFW, he’s also stated that he’s okay with genderbent fanart/cosplay!.

How can I use Disney characters legally?

In order to use the characters legally, you must request permission from Disney Enterprises. Multiple corporate entities of Disney own many of the intellectual property rights of Disney characters. To learn more about which Disney entity owns the character you want to use, visit the Disney website.

Is drawing cartoon characters illegal?

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 it illegal to paint a picture from the internet?

The creator of the photograph, i.e. the photographer, usually holds the copyright to the photo and unless they’ve expressly given permission for its use, making a painting based on a photo would infringe the photographer’s copyright.

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.