Shop Mobile More Submit  Join Login
  • Listening to: SKYZOO: JJ vs. THEO/ BY ANY MEANS NECESSARY
  • Reading: BD LAYOUTS
  • Watching: BLACK DYNAMITE SEASON FINALE
  • Playing: POSSUM
  • Eating: WACK ARTISTS ALIVE
  • Drinking: WATER
"What is FAN ART? Fan art is a statement saying: ' I LOVE YOU.' "

Like to DRAW & SELL art of characters that you don't own on DeviantArt, et al?

Know the IP laws and fan art laws. This is important to DA fan artists.

Add a Comment:
 
:iconrenamahom:
renamahom Featured By Owner Jul 29, 2013  Hobbyist Traditional Artist
this video keeps popping up. must be a sigh. ill watch now..
Reply
:icongavinmichelli:
GavinMichelli Featured By Owner Sep 14, 2012  Professional Digital Artist
I don't always draw fanart...but when I do, I draw Dos Equis.
Reply
:iconrasenth:
rasenth Featured By Owner Sep 13, 2012
This was a very interesting video, thanks for posting! I sell fanart in conventions, but since it's a limited amount of prints (unlike DA, which will keep printing for you, I guess!) it's less under the radar probably. XD Even though it's still quite dubious, yes.
Reply
:iconironlion82:
IronLion82 Featured By Owner Sep 13, 2012  Professional Traditional Artist
Thanks for posting
Reply
:iconwandering-ronin:
wandering-ronin Featured By Owner Sep 13, 2012
"54 minutes? Well, I guess I'll just sit down and watch parts of it or something."
*54 minutes later.....*

But anyway, that's pretty interesting. Didn't fully understand the details the first time around but it gave me a general idea of how it works.
Reply
:iconklydekiss:
klydekiss Featured By Owner Sep 13, 2012   Digital Artist
Yeah I always wondered that. Like pairing two unoriginal characters together and then selling mass prints to people for profits. I always really just thought it was kind of...rude. I don't feel the same about personal people wanting to see a loved character in your style and personally pay you to do that. But the way it runs in Comic con, I always found it strange.

Thanks for sharing this video!
Reply
:iconcoatl510:
Coatl510 Featured By Owner Sep 12, 2012
I always thought of selling fanart in a limited amount like Mondo and their movie posters.
Reply
:icon680000:
680000 Featured By Owner Sep 12, 2012  Hobbyist Traditional Artist
Come on. This dousn't have anything to do with use. I get paid to draw art of whatever the person wants even if its no my character.

But if you like sell a fan art that is already done or post art that is not yours than thats a deferent story.
Reply
:iconleseanthomas:
LeSeanThomas Featured By Owner Sep 12, 2012  Professional Filmographer
DA has a print-selling option before you submit your work. It's standard request. it has everything to do with us. Whether you agree or not is another discussion. :-)
Reply
:icon680000:
680000 Featured By Owner Sep 13, 2012  Hobbyist Traditional Artist
How do you delete your prints ?
Reply
:iconelsevilla:
elsevilla Featured By Owner Sep 12, 2012  Professional Digital Artist
Yeah i love doing fan arts, tons of people ask me to make them in print, but i dont own the characters so i dont.
Reply
:iconelementhaze:
ElementHaze Featured By Owner Sep 12, 2012  Professional Filmographer
Very informative
Reply
:iconzr0wing:
Zr0wing Featured By Owner Sep 12, 2012  Hobbyist General Artist
I know a guy all he does is draw superheroes at comic cons and sell them. I personally would never do that because it always felt like at any moment Dc,Marvel etc could come out and slap you with a fat infringement lawsuit. Ive heard of people who sell prints of Kingdom Hearts characters get a personal warning from Disney employees at the last con I was at. That was because they foolishly tagged disney logo stuff into their work...I think this will overall become an issue with someone doing these things in the future.
Reply
:iconyfighter2:
Yfighter2 Featured By Owner Sep 12, 2012  Professional
This is a great video, but the Harold Smith story completely throws me off since he managed to work for productions such as the Simpsons, Marvel, DC, etc. by doing nothing but fanarts and crossovers, which is what got him noticed.

BTW I did Comic Con for the first time this year and literally EVERYONE in my row at artist alley was selling fanart. and even one of the locals that I know is well known for his Hello-Kitty/Superhero crossovers.

I've asked many times about this prior to the convention and still after and have gotten varying and vague answers. But the general thing most seem to agree on is that its permissible as long as you don't outshine the Big Two, which seems to be supported by Harold Smith's story about getting in trouble with Marvel/DC when he sold 100,000 copies of his fanart
Reply
:iconthegreatgod:
TheGreatGod Featured By Owner Sep 12, 2012  Professional General Artist
"This is a great video, but the Harold Smith story completely throws me off since he managed to work for productions such as the Simpsons, Marvel, DC, etc. by doing nothing but fanarts and crossovers, which is what got him noticed."

Exactly! I'm kind of getting mixed signals here too.

Don't sell too much fanart...

BUT
If you do you will possibly work for all of the major companies and enjoy a successful career! :icondurrhurrplz:

I guess that's the nature of the beast though, it's a big grey area
Reply
:iconabelgrave:
abelgrave Featured By Owner Sep 12, 2012  Professional
I like to do fan art when something inspires me, but I never sell any of it.
Reply
:icongraphics-pp:
Graphics-PP Featured By Owner Sep 12, 2012  Student Digital Artist
As far as the laws go, it seems like this should be common sense. What's really interesting is the Q&A at the end where he addresses their questions with the playground, real world, and black letter rules he stated earlier in the video. In the end I guess it's all about the owners controlling the flow of money like he said. If it takes you making a little money off of them for them to earn even more money, or you just showing some love for them for them to make even more money, they'll GENERALLY allow it even if it's against the law.

I thought it was interesting that he said putting a disclaimer in your description can actually help protect you as long as it's sincere. I didn't think it would have so that's good to know.


P.S. I wonder if any of this actually counts if you're not from the US though.
Reply
:iconcrafekster:
Crafekster Featured By Owner Sep 12, 2012  Student Digital Artist
I dont usualy draw fan art. And when i do, it does not interrest me as much. Almost at all.
Reply
:iconkingofanime7:
kingofanime7 Featured By Owner Sep 12, 2012  Student Traditional Artist
I rarely draw fan art unless i want to for fun because i am growing as an artist and i want to draw my favorite artist's character(s) in my own style to learn, improve and give tribute to the original artist.
Reply
:iconmyopicmalcontent:
myopicmalcontent Featured By Owner Sep 12, 2012
Not anymore. I prefer to expend the energy from that need to draw a cool Batman pose, and make up my own character. I get that desire to draw that image in my brain, and I do something more productive.
Reply
:iconwildpegasus13:
wildpegasus13 Featured By Owner Sep 11, 2012
I think the important thing to take from this is that for the most part you don't have to worry about getting a call from Marvel's or DC's lawyers for posting fan art on DA, nor are you more than likely to be sued for drawing a commission of Batman to a single person. Imagine if DC or Marvel or some big company sent a team of lawyers to a comic convention to stroll through Artist's Alley to flip through artist's book of prints for sale and told them they can't sell this print of Spider-Man or Mary Jane. Pretty soon there would be no more comic conventions, and conventions are a big marketing tool for comic companies so it is doubtful we have much to worry about unless you make 10,000 copies of a drawing of Superman and sell them on the internet or self-publish your own Star Wars comic and sell it to comic book stores. These companies have bigger fish to fry than us fans doing a $25-$50 commission of one of their characters.
Reply
:iconmikecharles:
mikecharles Featured By Owner Sep 12, 2012
hasbro did just that recently. they told all third parties that where not licensed to sell any artbooks ,sketches or toys based on their creations at their convention. marvel and DC maintain entire floors of lawyers that do nothing but look for copy write infringement. you always have to remember that these are major companies and they will go through many lengths to protect their property. disney is know to send cease and desist letter when they feel they have be infringed on, and now they own marvel. the video has some good info in it.
Reply
:iconrongs1234:
rongs1234 Featured By Owner Sep 11, 2012
makes me glad i don't do em for fun not profit
Reply
:iconcoonfoot:
Coonfoot Featured By Owner Sep 11, 2012  Hobbyist Filmographer
Dang, fan art commissions are how I make a living...
Reply
:iconmikewinn:
mikewinn Featured By Owner Sep 11, 2012
Haven't watched the video all the way through yet but as was explained to me by legal pundits, one of a kind limited commission work between you and a client isn't the same thing as doing a 'fan art' piece, printing up thousands of copies and selling at cons but this is likely an issue of the black letter of the law, could fall under the whole Fair Use 'yee haw' and so forth - so seek legal counsel on all things. Don't just take my word for it obviously. :D
Reply
:iconkeiiii:
keiiii Featured By Owner Sep 12, 2012
Fair Use is not really about the quantity of the prints you sell; rather, it's about the purpose of the "fan art" (e.g. nonprofit educational uses are generally all good) and/or how much originality of your own you bring to the table. That's a gross simplification of it anyway. Fair Use as a whole is not just about fan art, so there's a lot of it that might not apply directly to fan art communities.

You're right though, that big companies are unlikely to go after people who do fan art commissions on dA. They're not aware of every single person who makes fanart of their characters for money, and even when they know, it's bad PR for a big shark to chomp down on a small shrimp. So even though they have legal right to stop you, they usually won't bother unless it has some potentially serious repercussions.

"Potentially serious repercussions" can mean a lot of different things. Examples include porn fanarts of kiddy shows (bad for company image), a feature length fan movie that's being distributed for free (such a serious project could be mistaken as an official movie, which is also bad), someone getting rich from selling fanarts (this makes them a competitor, and obviously companies don't want more competition...), etc etc.

The wikipedia article on fair use is a good place to start reading. :) [link]
Reply
:iconmikewinn:
mikewinn Featured By Owner Sep 12, 2012
Yeah I couldn't remember precisely what was being referred to back when I was told that and talking about that and I -very- rarely deal in fan art myself so I forgot but basically - yeah - that's basically the bottom line I received especially as it pertained to imagery of their characters that is damaging or you making -so- much money you're a competitor. There's a difference between that recent story involving the creator of Ghost Rider - and some artist or animator selling convention sketches or sketchbooks that has a drawing of Wolverine in it. It's all a very good thing to be educated on and to know both the precise letter of the law and what's also going on in action.
Reply
:iconcoonfoot:
Coonfoot Featured By Owner Sep 11, 2012  Hobbyist Filmographer
Well, that makes me feel better...
Reply
:iconmikewinn:
mikewinn Featured By Owner Sep 11, 2012
Just repeating what I was told. I will pay you to draw me a sketch of Wonder-Woman is different from 'I will pay you to draw me a sketch of wonder woman that looks exactly like this one Jim Lee did that DC is selling.' Don't go by my word alone though. :D This video's got the right of it but I doubt anyone's going to come knocking on your DA account any time soon and tons of things are considered. Certainly something to learn about and know your stuff on.
Reply
:iconcoonfoot:
Coonfoot Featured By Owner Sep 11, 2012  Hobbyist Filmographer
Good to know.
Reply
:iconouc:
OUC Featured By Owner Sep 11, 2012   Traditional Artist
Oh man. I really wanna watch this video but not with work in the morning. Thanks for the heads up. You never know when you need to stay in the guide lines with the law.
Reply
:icongoodgrace1:
goodgrace1 Featured By Owner Sep 11, 2012  Professional Digital Artist
And here I was on a fanart Marathon
Reply
Add a Comment:
 
×

:iconleseanthomas: More from LeSeanThomas


Featured in Collections

Journal Entries by VioletZen

Words Advice and Inspiration by SaigoNakisage

Helpful by XEarlGreyX


More from DeviantArt



Details

Submitted on
September 11, 2012
Link
Thumb

Stats

Views
6,907 (2 today)
Favourites
51 (who?)
Comments
32
×