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Hypothetical Situation: Stolen Fanart?

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[Kako]
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PostPosted: Wed Feb 11, 2009 6:38 pm


I've been reading up on U.S. copyright law recently, to get a better understanding of where fanart lies, and I began to wonder something. For those of you who draw fanart, what would you do if somebody began selling prints of your fanart as their own? Would you take legal action, thereby stopping the person but also drawing legal eyes to your work?

I'm not really sure what I would do in that situation, or where it all lies in the eyes of the law. I certainly have more reading to do, but I thought it would be interesting to get other people's views on the situation.
PostPosted: Wed Feb 11, 2009 8:51 pm


And that, sir, is why I don't sell prints of fanart. Even if my bestest favoritistes picture I have is of Boba Fett I will not print it. But if any of my comics ever become popular and I found someone who sold fanart I would sue them. Straight up.

I do, however make prints of popular characters outside the copyright flied (Queen of heart/alice in wonderland is open). There are still a bunch of popular and loved characters that you CAN make profit off of. Hell, looks at Diseny LOL.

zammap


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PostPosted: Wed Feb 11, 2009 9:32 pm


I think just drawing and displaying fanart isn't illegal AFAIK. You should be crediting the original characters with it anyway, so its not like you're trying to rip off the creators. So I'd go after them, since them selling it is!
PostPosted: Wed Jun 03, 2009 6:41 pm


If this were to happen online somewhere, I have no idea other than asking them to stop and perhaps warning any of my art watchers about it.

If this happened at a convention, I would simply report it to the volunteers in charge of the art department. Most cons allow fanart by also include in the rules that the artwork must be drawn by the individual themselves. They have the power to kick them out of the artist alley if the person doesn't agree quietly to stop.

StarMasayume


Pandemasu

PostPosted: Mon Oct 12, 2009 5:33 pm


I'd likely contact the person to stop all sales of that artwork, if they dont I will contact the site-owner [ebay, etsy, DA, whoever] or the convention AA staff and ask them to take action.

I'd also notify all my friends/fans/watchers and ask them to spread word not to support that person's theft.
If that person continued, I'd look thru my options and see how much leagal action I can take.
PostPosted: Wed Apr 21, 2010 12:01 am


If someone is selling pictures drawn by you, fanart or no, at a convention all you need to do is fine someone on AA staff or con security, alert them to it, and these people will be escorted out of the con. I think wasting table money at the very least, and most likely the money for con badges as well would teach them not to do crap like that.

Aourai


Vegapunkprime

PostPosted: Thu Dec 08, 2011 7:10 am


Personally I don't sell fan art. But if I saw someone selling prints of work I did a Cease and Desist Order would be given since it is a product of mine. If it was at a con I would be alerting staff.

Something like this happened to a friend of mine, her artwork was being lifted off of DA and being used on products in China!
PostPosted: Sat Dec 10, 2011 4:42 pm


Kitsune_rei
I think just drawing and displaying fanart isn't illegal AFAIK. You should be crediting the original characters with it anyway, so its not like you're trying to rip off the creators. So I'd go after them, since them selling it is!


It's a legal grey area - there isn't a clear definition of what is fair use, just multiple factors that contribute to it, so you can't be sure you're protected by fair use. (Parody is allowed in the US, but that implies making fun of something, rather than just drawing characters from it, so that doesn't mean all fanart is allowed.)

zaMmaP
I do, however make prints of popular characters outside the copyright flied (Queen of heart/alice in wonderland is open). There are still a bunch of popular and loved characters that you CAN make profit off of. Hell, looks at Diseny LOL.


That's a good idea; I should try that. (Too bad the one public domain thing I really fangirl about isn't that popular with the anime crowd...)

Anyway, about the main subject of the thread... I'm really not sure what I'd do. Probably try to get them kicked off the sites where they're selling it, or ruin their reputation if that doesn't work, rather than take legal action.

Niamh the Fae

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