Making Money with Fan Art
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- Опубліковано 11 бер 2020
- I get asked a lot: ‘Can I sell fan art? Is it legal?’ This is also one of the most commonly asked questions on DeviantArt, Reddit and Facebook artist communities.
Fan art are artworks created by fans of a visual work of fiction, such as characters from comics, movies, tv shows or video games. Those artworks are generally derived from copyrighted works without the consent or endorsement from the copyright holders.
The short answer is: it is not legal to sell fan art. You cannot recreate copyrighted characters and profit from them. No matter how much work you have put in your art, it is a risky business. Even if you see other people doing it and getting away, you shouldn’t risk your entire art career for it.
There are however some exceptions I would like to talk about today:
1 Fair Use
2 Obtain Permission
3 Creative Commons
4 Public Domain
5 Avoid Substantial Similarity
6 Work with Platforms
#fanart #merchandising #DeviantArt - Навчання та стиль
Always felt like you should be able to legally sell fan art if the character pose is unique and not copied from a scene/panel. It’s a shame really. But I get why.
I think one of the best options is to make a variety of fanart and just have a patreon that supports you as an artist in general, and not specific to what you make
Exactly! I agree with you 100%. Fan art is a great place to start as an art school (or high school) student. It gets you easy traffic and exposure. Then it’s time to develop something new. Even if there is permission to monetize (for example on CafePress, you can monetize certain fan art works), an artist needs to show his/her original works in order to go far.
I think it’s messed up when people take a picture from a manga or comic, make it smaller, then sell it as earnings or prints. You’re basically stealing the art from the original artist and making money off it
this is the best explanation i've heard so far. thank you! I had a buddy open an online store with ALOT of anime merch... Spirited away , attack on Titan etc.. and He didn't have the license! I quickly warned him that he could be in huge trouble if any of these company's found out.
🙋🏻♀️ Hey there, thanks for your message! If your friend wish to sell Merchs on platforms, there are some with special agreements with film studios (like CafePress). You can find a list of movies and characters allowed to be used on the website.
@@VeryPrivateGallery I wish I can get a license to use Keroro Gunso characters in my professional animations someday
Thank you! I want to sell fan art at conventions soon. I see art booths have mostly fan art items, but I always wondered about licensing and laws. How do they get away with it? Using a loop holes too or are they just taking a chance and hope not to get caught?
Not sure if the same things you talk about also go for this as well! Thank you for the information. I love your channel!
EllieP Arts I know many artists don’t pay taxes. How did they get away? I also got these good question. The answer is, they will pay for it some day. They will receive cease or decease letters from brands and they might be liable to pay a high penalty. I think it’s too risky, not worth it!
@@VeryPrivateGallery Definitely! I agree! Thank you for another great video!
EllieP Arts 😊 thanks! I will be making videos weekly, let me know what questions you have!
Thank you so much this is a very comprehensive guide. best one i have found yet!
Glad you enjoyed it!
The cool thing about fan art is that it opens up new ways to see characters…especially if the artist is really good at what they do in making awesome art. I think it should be allowed but limited. The law should definitely be changed in the fan art area for sure.
Yeah AI is amazing at taking an illustration and if you use "high definition photo" in your prompt it makes comic books come to life... Wicked fun lol
Fully agree about the new visuals fan art creates. It's really cool. But when the fan artist goes to sell intellectual property that's not theirs... rut roh.
@@sketchypeoplepdx here the think….the day any artist pockets millions over the original property then sue them which most likely will never EVER happen….for the crumbs that will be made, an intellectual property owner will spend more on airplane fuel trying to fly out and sue them than any money the artist has made.
@@Bcilloz I hear ya. The amount of money being made by way of comparison is totally a drop in the bucket. But, is selling art you didn't create morally right? Just because one can, doesn't mean one should.
This is a fun topic to debate and I'm not here to have a "gotcha" moment. I see the angles of fan art but for me, I would rather see an artist bring something 100% theirs to a con, and not fan art.
BTW, I see law-breaking going on all over the place on Etsy in that sellers use modern, not dead-type people in their products. I also see them stealing from each other.
Yes, I saw several sellers who are selling the 'banana on the wall' exact same image. They are not allowed! Eventually the copyright holder will take actions.
True even one of my designs was stolen and the guy is using it in products on eBay now.
Hello! I liked your video as it explained things clearly and I have a better understanding of how to obtain a license thanks to this! I was just wondering about whether this applies to once-off request commissions too? Like if a person wanted me to draw (X) character from (X) series doing a certain pose, wearing different clothes, imagined in an AU etc. and wanted it for their own personal use? I want to try opening commissions and am just curious about whether it applies to once-off purchases, since most of the time money is made of prints, setckers, badges etc.
Anyways, I really like your content and you earned another subscriber!
👋 Depending where you are in the world. In Europe usually the copyright belongs to the artist. But in other countries the copyright belongs to the person who pays. I think it can be negotiated and written prior to the work. For example if I get an artist to paint my family portrait, I would not allow the artist to use it anywhere else, for privacy reasons.
I've been seeing a lot of artists taking personal commissions to draw a copyrighted character for the client's personal use. I'm pretty sure taking compensation to draw a copyrighted character is illegal, but how are owners of the copyright gonna know about that if it the artist doesn't claim that he/she made it after the transaction? The transaction note can be as obscure as "commissioned painting" or "product CP" for short. Some artists make a lot of money doing this.
Will I still get in trouble if I give a digital copy of my fanart to a fan for free and that person starts selling it?
what id i want to sll on etsy? what will I have to go through to make a sticker of hatsune miku or a danganronpa character
What if it’s line-art of a anime character where their features aren’t defined (so basically just an outline of them) ?
Hi Abeeha, if the line art character has some substantial differences, it’s generally okay. Imagine if you put one image on top of another, do you see the silhouette lining up? Ask your friends, do you think they are alike? Human factor is also considered in the court ruling.
I sell my arts through a pod service, I suddenly came to realize that it could be illegal.
I use musician in my work (HUGE MUSIC FAN) and I create my original art pieces through editing and illustrations. It's still original artwork, but I am not sure should I go on with the selling stuff or stop.. What do you think
If you took any copyrighted elements, you might be infringing someone else’s copyright. But if you changed it significantly until this person couldn’t recognize his own work, you are safe from using it.
I'm thinking about starting a UA-cam channel where I do a time lapse of drawing different pop stars, actors and celebrities.Would this be copywrite? I really don't know much about copywrite laws and stuff so you're advice would really help me out!
Hi Bubbly Sketches, you can draw for your own practice and share with the world as “teaching” purpose. However you can’t sell the drawings (that’s a bummer, coz you have spent time making them). I recommend drawing historic figures who have passed away long time ago. That’s totally okay.
@@VeryPrivateGallery thank you!!
Ohh I'm planning on making a fanzine of an anime character (ofc in my own style like changing the cloth) :'( i even did 7 drawings already to fit in the book. This makes me a little bit guilty and sad.. yet i saw some artists also makes fanzine about another anime character. And their sale seems going really well. How is that?
Well, it depends on how they do it. If they share and not “sell”, maybe they can get away. It depends on the copyright holder. If they decided not to pursue legal action, the fanzine artists can certainly “get away”. In fact the more people draw certain anime characters (share but not sell), the more exposure the copyright holder gets. It’s in fact win-win business-wise. But one might win more than the other, and that’s problem. If you have already drawn them, you can share (not sell) and credit to the original copyright holder. You can also write in the description how you got inspired and changed a few things - and didn’t mean to infringe anyone’s rights. If you receive copyright claims, just archive the post.
I have interest in starting a channel where I create animatics and animations for games I play, series I watch... Will UA-cam let me monetize from these? If not, it isn't worth my time, and I won't be doing it.
So if you were to draw a character, let us say Amethyst from Steven Universe, but with a different outfit and maybe not purple skin, would that be okay? Would it be under the 10% rule if it looks different enough?
Hey Olivia, first of all in every country the copyright law could be different. The same method is to get a group of random people as juries and ask them if your art has substantial similarities to the original design. It’s not exactly about the skin color or hair style, but the overall impression people have.
For example, if you painted a large painting of Snow white characters from Disney only using 10% of the original design, but that 10% is the most symbolic and obvious 10%. Then you might be infringing their copyright. It depends on if the important elements share similarities, which can be easily spotted by an average person.
Question: So ive been drawing anime characters, in black and white. I would like to POSSIBLY sell these. But I am not sure if that is legal??.. I would like to sell them on ebay. What should I do? Would it be better to not sell them?
Hi. In theory you shall not sell fan art creations without the consent of the original artist.
From my experience, likely eBay will not stop you from listing your drawings, but they might remove it when someone reports copyright infringement. If no one reports it, you can sell a few in the meanwhile. But if the original artist protests against your actions, you might be in trouble. Overall it’s not worth it. You can sell among your family and friends.
What if I wanted to start a fanart UA-cam channel, is that okay as long as I'm not selling anything? I saw thousands of fanart UA-cam channel, what's your thoughts on them? thank you and God bless.
Can I draw superheros like DC and marvel characters but I draw them into my poses. Will that be copyright. Under my art style.
So if i wanted to start a sticker shop that had to do with music/ music artist. Either making stickers of pics from the internet or either re drawing them on procreate and changing colors and etc. Is that technically copyright if i change some details around ? Because im not good at drawing to sell my own sticker ideas..
thesoundzx You need to change a lot of details. When a judge is ruling on copyright cases, they invite random people to see the difference. It’s not just technical but also human.
Very Private Gallery okk. Soo if pretty much someone is doing it no matter where they sell it at online they just havent been caught by the artist or their team yet? Cuz i see so many ppl on instagram and etsy doing that0.0
thesoundzx Yes they havent been caught, or they have been caught but they haven’t stopped their infringement yet.
Hope you see this question, how about channels that make videos about drawing characters from shows or video games? But just for entertainment purpose only and not for selling the drawings. I'm looking forward for a reply. :)
Hi Chandra, it’s about how you communicate your channel. For example, if you say it’s “education” and you give credit to original copyright holder, you can get away with doing it as fair use. If you show the fact you sell the works, you might get a C&D letter.
@@VeryPrivateGallery thank you for your reply! I've always been thinking drawing fanart is one of ways for the fans to express their feeling of appreciations for their favorite shows, video games, etc. And it also can be kind of free advertisement for the artworks themselves for getting more popular. Since they get help from the fans to share them in form of maybe we can call it review (the experience one saw about the artwork). And it also can be a way for artists to show their art skill so they can attract companies that they want to work with. Of course producing them independently will hurt the copyright holder, especially for profit purpose. Thanks to the internet, we got to know more about the ethic of copyright. And I hope every fanartist in world wide is not being seen as a sinner for loving and sharing info about their favorite artworks. I've just joined UA-cam for sharing videos about making my architectural artwork and planning to create one more channel to express my appreciation of other's artworks. I was just not sure if it's okay for other artist if I do that because I kinda don't fully understand how the law works yet. I hope it will benefit both of the original artist and me as the appreciator.
@@yudhichandraa.3692 I totally agree. Another idea: if you limit to fan art of another medium, you can justify your intention without hurting others. For example, making fan art of music band, non-cartoon movies. They produce very different products, therefore they don’t get harmed by your reproductions.
@@VeryPrivateGallery very good idea about different medium fanart! We are able to see an artwork in different form from different perspectives, but still as fanart (non-official) and not to discredit the original artist. And this also can be a way for fans to give their ideas to the copyright holder if they find it good to produce their products in different mediums. About justification, from my experience, all the fan communities in our world wide is already do that for their favorite artist. They will say an art is official if it's from the original artist, or author, or its publisher, and so on. For example: anime fans will say that the anime is "canon" (official) if the story is made by the original author, no matter if the animation studio creates episodes for the same series, if it's not based from the story they read or heard from the original author, then they will say it's "filler". Funny and cool at the same time. But still, I agree that we have to be careful about the law.🙏
If I create me a website like art station I probably need to be strict about people using other people's art and put in my terms and service that the art has to be something that they have original made right?
If you are to create a community website for creators, yes you would want to require some originality. It’s not because the law would punish you for hosting the infringement, it’s not your legal obligation to make sure that they are original. But rather to have high quality works so your website has much better reputation. Etsy has lost that, I think. Before Etsy was the place to buy unique handmade items. Now it’s just like a Dropshipping webstore… their reputation was damaged by the unoriginal products.
I have a question regarding fan art based on an attraction, for example Haunted Mansion at Disneyland, how would you go about getting permission for that kind of work? I do insect based art and wanted to do a Disney series of Bugs styled after attractions. (Such as using designs found on wallpaper and colors from the rides) or is that changed enough that it wouldn't need permission?
Thank you so much for the information.
Hello, I'd like to make UA-cam videos where I draw fanarts and at the same time include voiceover with original content (how-to, commentary, life experiences, etc.). Does that fall under fair use?
Hello, if you are creating those content to share your knowledge (educational) without making promotions of products (not commercial) and not claiming you have created the pieces yourself, it should be alright. However, when you become big, most probably you will receive brand deals. In that case, you need to come up with something original for those paid videos.
@@VeryPrivateGallery Thank you so much for your reply, and for thinking that I might make it big. I'd like to ask one more thing - what if my fanart-included videos get monetized without brand deals? Will UA-cam and the law allow that?
If I am making arts based on characters from a novel (novel does not have illustration), based on the descriptions plus my imagination, is this considered a copyright infringement?
Excellent example! It reminds me of the prompts people write to AI art apps. Usually this is not considered infringement at all. However, if you call the character the names (like Snow White) alongside your drawing, it might be an infringement depending on if the character is copyrighted or trademarked. And it depends on how the author reacts.
Ok, so we can safely assume that we can make portraits of... dead people who have remained in this condition for 50 years. Thanks, you are great! Regarding the literature aspect of this, it's safe to say "To be or not to be, that is the questions. Whether tis nobler in the mind to suffer the slings and arrows of outrageous fortune, or to take arms against a sea of troubles and by opposing, end them." I think I got that right.
I have a question if anyone can assist with this. What if someone made fan characters inspired by a pre-existing franchise and sold comics around their own characters completely separate from the pre-existing franchise and the pre-existing franchise’s universe. Would that be copyright infringement?
Hi Ede, it depends on two things: 1) are the characters copyrighted only, or also trademarked? If they have been trademarked, you can not use the name or the design, or something even similar to the name or design. Trademarks get more protection than copyright in general. 2) How similar is your story to the original comic world? Do you use the name character design? Or they have nothing to do with each other? You can ask some friends to judge without telling them that you made the comics (to have more objective responses).
@@VeryPrivateGallery Thank you! This was really helpful!!
I don’t get it. I see people selling fanart everywhere all the time- no way they all have rights to it, so how do they get away with it?
Hi there, it depends on where they sell it. For example, the website CafePress has an agreement with many film studios. You can sell fanart on CafePress. But most likely you see some copyright infringements. It's not correct, people do it anyway. Like pickpockets in Paris, it happens when it shouldn't....
@@VeryPrivateGallery ah so you have been to Paris
How about if i make Naruto fanart painted or drawn on a canvas or a paper and sell it in my place/neighbor only, is it still illegal? I wanna know
In every country it is slightly different. In France for example, it is legal if you only make an unique copy of an artwork. You can make 1 copy of everything if you want :) Just don’t publish it online, and only sell one copy per design privately.
So if I wanted to take a photo from a celebrities instagram and make that into my art style, would that be fan art?
Hi Jaione, yes that’s fan art - an art inspired by famous works, celebrities and cultural icons. Depending where you are, different copyright laws apply. Usually you can not just paint their image and sell them. Unless you change it so much that few people would recognize it.
Can you make fanart and make a donation website so instead of selling fanart you just let people donate to you so you can continue making free fan art?
Yes you can use Patreon. But it’s possible you get some claims from original copyright holders.
Koytelli The original copyright owners must claim their rights, otherwise they can be considered as “giving up their rights” if they don’t claim.
If I want to make squishmallow stickers, how do I avoid legal consequences???
Can I sell fanarts of tv show characters, like the characters from Friends?
Is it considered Fan Art if you draw something from a anime/manga (But not directly lifting from the source) and sell it?
Hi Jasper, If you make a substantial changes and don’t call the artwork the name of the manga, you could potentially sell it. Like if you draw a beautiful girl with a furious animal, you don’t call it “beauty and beast”, that’s okay!
@@VeryPrivateGallery Thank you!
If I do activity artbook where I do "Beyonce" Tupac & Biggie Smalls but I use images or music video I found in internet-based search but photoshop filter to make it line art is that okay or do I have to add a background to be different from the original image I found on internet?
Usually if you edit anything you find online, it’s already an issue because editing an art is usually not permitted unless it’s considered a fan art. That’s to say, you do it for love, not for profit. If you want to make money from it, you will have to create everything from the beginning to the end.
@VeryPrivateGallery also if I drew from screenshots from music videos? I can create it in my art style? Like if all had images with Disney eyes
So you’re meaning to say that if I get an idea from beauty and the beast and I get inspired by it I can still make my work with the ugly man and a pretty girl? But isn’t that idea original? All without permission?
You can make a drawings of an ugly man with pretty girl, yes. But you shall not use the blue rope and yellow dress like in the Disney movies.
okay so would it be legal to desine your own manga character in your own way and sell that.
Hi Noah, yes, you certainly can. You must make sure your design is novel (new, fresh, different) in many ways. Like the outlines aren’t the same as the original manga art that inspired you.
Where you sale your art pls🥺
just out of curiosity? does making art of original characters ( OC`s ) that are inspired or used to be made for a certain fandom fun for imagination and selling art of that OC legal?
i was curious about this question. because my ocs are not digitally base drawn nor color repaints of actual characters. so is there a line between the artist oc fan art and actual fan art of fictional charaters
i want to know so that way I'm more informed of this topic
15% different and you're good in the US. But if it's based off of intellectually owned ideas like plot points and locations, then I think that goes into legal issues-
Go on some law-based (or generally academically focused) discord servers and see what you can find out there- that's my suggestion for now, but please text back if you find a more solid answer :)
It might be thing that'll help push me to make more OCs haha
Yeah, plus I've been seeing some of my ocs being like their own character when I take them out of the fandom I once had them in. But I may have to avoid using some of my oc's that I don't know how to remove as oc for a fandom. But I'll take your advice and see how that helps me @@thatonellamawhoissoobsesse8138
I do feel like my digimon oc will be a tricky to try to separate from the fandom, and her digimon. I may have to change the digmon name to something else
@@spookykatelyn2161 Qs: Does the name sound derived from the anime? But yeah, this stands for both the animal and character.
Trademarks:
Trademarks mark characters-or general nouns- as someone's intellectual property that others can't reproduce the look/style without a license. So you can look up the trademark of the character that you think is very close to your OC and check if its trademarked.
Then ask yourself "How easy would it be for me to convince 12 random people that this isn't Digimon?"
And then ask yourself the same question but in the Digimon Companys shoes when they're trying to rally against you and ALSO convince those same 12 people.
Whatever your answer is, hope its in your favor because its very important for you incase you monetized something with your OC in it and you ever were to get sent to court for it.
Also this is gonna depend on your nation of residence as I am only speaking from what I know about America and loose knowledge as I'm not certified for- but stiiiill i hope to help
@@thatonellamawhoissoobsesse8138 okay I'll do my best to figure out my answer, I appreciate the help and advice
Thx for your video. Iam thinking about cloning yugioh cards :)
so hypothetically Michael Jackson moonwalking famous pic but if someone removes the background and make him doing it on the moon with glitter would that be okay to resell?
What if I draw the disney princesses with different outfits and different hair color bit similair color swatches?
The Disney princesses themselves are also protected by IPR laws. You can’t redraw them to an extent that are recognizable by average consumers.
@@VeryPrivateGallery What happens if I change everything but the colors they wear so modern outfits with a touch of color for example I draw snow white with darker skin different color hair and use blue and yellow only and dont marketed it as snow white
@@mrsjoy8831 bascially if you creating a original character inspired by a Disney princess it would be okay but if it resembles them or there is anything to suggest it's based off a princess Disney will most likely come for you. They are quite merciless and will still take action against you even if your shop had zero sales.
If i was looking into selling art prints and some being of anime fanart if its in my own art style is that legal?
If you use the same anime characters that is recognizable, then it is not legal because it is protected by copyright law.
You can modify the characters to a point that most people don’t recognize them, then it is okay!
With all these rules but people still draw and make prints. Even youtubers with huge followings make like pokemon fanart and sell them as merch… are people just risking it? I buy fanart alot stickers charms keychains… im pretty sure not everyone goes and gets licenses they are expensive… ive commissioned jujutsu kaisen art aswell… is that not allowed?
Big youtubers almost most certainly have a license to sell it, they can afford it and it would be unwise to take a risk. When you commission someone, it mostly a private sale so while IT IS still committing copyright infringement, its pretty difficult, actually impossible to track down unless the person who bought the art posts it on social media with a caption like "Just commissioned this peice by [artist name/tag]!
i draw digital art.... i drew a celebrity with my own art style and added a few things. can i sell that?
Hi Efren, it depends on your country. Each country has its own copyright laws. Generally speaking you can use the “idea” of the celebrity, the likeness of it. But you can’t make exact copy of a photo due to the portrait right and photographer’s copyright. For example, if I draw a man in black suit and hat space dancing, people can think its MJ. That’s ok.
In speak of public domain, I'm about to finish a popeye the sailorman drawing that I'm thinking about selling. Since the original creator of popeye has died since the 1930s, is popeye now in the public domain ? (I'm located in the u.s. btw :))
Hey, we are located in Europe and as far as I know, it is in the public domain in Europe at least. But in the US it might fall under an extended protection for 95 years, making it expiring nearly 2024.
@@VeryPrivateGallery oh ok thnx! 👌
Hello, thank you for your good catalog. Can you help me? I're a newcomer to Toronto, painting and sculpting. I put my work on several sites for sale but it has not been sold yet. I put Saatchi website and a few other places. I still do not have the financial strength to pay for the gallery. What should I do?
Kieep learning free courses on business and marketing, and look into more marketing strategies.
My general answer:
Keep asking yourself what variables come to play in order to achieve your goal.
If you get stuck, try again and again, but then keep learning more and even asking others. Compare, contrast, build.
Are you by chance still working on making a brand?
👑
Hey! How is it going? I see you are doing lots of creative things (music, art etc). Have you thought about separating your channels for each form of art?
Its à bot
How about singers and movie characters fanart , is it ok to sell them
Hanane Qorar 👋 It is not safe to commercialize movie characters or singers because they hold their rights to the characters.
@@VeryPrivateGallery thanks for the quick answer ^_________^
Is selling fan art at craft fairs technically fair use?
Hi Alexus, at Craft Fairs the idea I guess is to sell the products (the more the better). If it is commercial, then it’s not fair use. However, in some countries you can. For example in France is you make one copy only, that’s okay.
Isn't it illegal to sell fanart because of coppyright laws
That’s right, it’s not okay to sell fine art unless: the copyright holder doesn’t mind; the selling of fine art is done privately (selling to your relatives), or it is a commissioned art (someone asks you to draw something). In some countries like in France, you can make 1 copy of everything legally. Making second copy would be illegal.
@@VeryPrivateGallery So in France making a "copy" of for example spider man and sell it as NFT is legal?
What about monetising youtube videos? Ive heard it doesnt count as illegal is that true?
The 'making of' style art tutorial is generally tolerated because it's educational. You can monetize it, but the original copyright owner can protest.
Very Private Gallery oh ok, would that also include fan animation tho?
@@VeryPrivateGallery drawing timelapse of anime characters with slight modification?
@@NekzLvL Hi Nekz, you can draw timelapse or make it a hyperlapse (or another format of your choice). The format won't change the nature of the copyright issue. The important thing is how you publish your timelapse drawing of a copyrighted work. Is it work commercial purposes or education/personal use? That's the key issue here.
@@VeryPrivateGallery maybe educational or even commercial
Very Private Gallery, What if i monetize my Ninja Turtles sculpting tutorial videos here on youtube?
Hey 👋 I watch Ninja Turtles growing up! Look, most likely if the original copyright is NOT owned by Walt Disney, and you don’t make bad culture appropriation, you can make UA-cam tutorials. Strictly speaking you shouldn’t, but mostly the copyright owners don’t mind. Some of them even enjoy seeing other artists get inspired. As long as you get the C&D letter, you remove it simply.
Can i draw anime characters for my UA-cam channel and monetise it?
Well, the copyright law is one thing, how to judge wether if it is an infringement is a totally different thing. There are a lot of human factor in it. If you can use the idea of the anime character without infringing it, you can surely monetize it. For example, if you draw an ugly big guy and a little cute girl, you are giving the idea of 'Beauty and Beast' without infringing Disney's copyright. No one would forbid an artist to draw an ugly guy next to a beautiful girl - it's the freedom of artistic expression.
@@VeryPrivateGallery owh ok now i got it
Can k -pop musicians fan art can be sued?
Usually Kpop stars don’t mind. Because they are music artists, they don’t make paintings. Your drawings won’t affect their business. On the contrary, your drawings would help them promote their music. It’s a win-win.
Can I sell a painting, drawing, digital art of a famous figure like artist or movie star? Of course, it will be my original drawing of the artist/movie star. For example, Dwayne Johnson original cartoon drawing or painting.
It's Me Irving 👋 Hi, you can only draw the figures in the public domain. You can not make movie star or famous movie characters whose authors haven’t died for more than 50-70 years.
Not without their explicit permission. To quote Wikipedia's article on personality rights, this "is the right of an individual to control the commercial use of one's identity, such as name, image, likeness, or other unequivocal identifiers." Even if you were to draw an original portrait or digital artwork of a celebrity that doesn't violate anyone's copyrights, the very fact you are trying to make money from their image and likeness does violate their personality rights if you don't have their consent.
Unfortunately, personality rights laws often do not come with an explicit expiry date, so it's not easy to know when it's okay to draw a celebrity who has been dead for decades. An American case (The Hebrew University of Jerusalem v. General Motors LLC) decided that Einstein's personality rights expired 50 years after his death. But the judge basically just drew an arbitrary line and some other court could reach a different decision because this was not a Supreme Court case that sets a precedent for the whole United States. As a general rule, it's okay to draw and sell images of an _ancient_ famous figure like Julius Caesar or even Napoleon Bonaparte, but personality rights _might_ still apply if they lived anywhere within "modern times."
Copy right laws ? Tom clancy's the division I want to Copy it make it different from the original cover art.?? Ask permission from ubisoft.?
👋 If you make your new design much different from the original (that an average person could not recognize the difference), then it’s alright. Just being inspired by an art is fine.
@@VeryPrivateGallery can i use the trade mark name tom clancy's the division.
what about artistic license, one paints whatever one wants to paint, (pop art for example uses images from comics, magazines, adverts etc). Roy Lichtenstein, Andy Warhol for example...
Cliff DaRiff According to French law, you can paint anything you want for 12 copies. You shall not exceed that number. Otherwise it is not art, it’s merchs/decoration.
Cliff DaRiff I am not sure according to IPR law of other countries though. In China we do not say 12 copy is art and 13 copy is not art. It’s generally if you don’t make money then it’s ok.
@@VeryPrivateGallery I see, thanks... by the way no more flights to Europe from US. I've heard Madrid is having a large share of Virus cases... same here in SF Bay Area, the TSA still must work, even today. I will be wearing a mask at the airport. best of luck to you 💪 stay safe. hope this virus peaks soon and goes away...
Cliff DaRiff Yes yesterday Spain entered the state of emergency and today all travels might be banned (not sure what the conditions will be). Spain has many cases now.
Hi! Thanks for informative video!
If I make a fanart of comics and post the process of creation on youtube, is that infringing the copyright? Am i still allowed to make money through that youtube channel? or is that the violation of youtube copyright law? For example, I know one youtuber who copies one of pages of graphic novel and upload the process of copying, here is her link ( ua-cam.com/video/2tVdTq4Ih-w/v-deo.html ). In this case, can she still maintain her youtube channel and make money out of that?
It'd be huge help if you letmme know about this!
Hi 👋 good question. I checked her works. She only sells original works on her Big cartel website. She doesn’t sell anything fan art. This is because copying other people’s works are not allowed. However, if she does it for “education” on UA-cam and not earning money with the copies, it can be tolerated by its original authors.
If the original authors don’t do anything, then it’s ok. But if they want to do a claim, they could! Legally speaking, copying someone’s works shall not be allowed, but normally original works authors will turn a blind eye. Because it gives good images and brings new fans to its original author(s). It’s win-win if both are willing to do it with honor.
@@VeryPrivateGallery Understand! unless the original author claims about it, it is okay to post on youtube. But it seems like she does not post as 'education' purpose, is her youtube channel still allowed to make money without education? Meaning that does this channel can earn profit through advertisement and view counts like other youtubers?
Thanks again for your kind and fast reply. This is what I'm going to do for my youtube and I had nowhere to ask haha
can someone make fan art about me?
Sure, you can get people to make commissioned fan art.
Can you give away fan art for free
For no profit
Hi Christopher, yes absolutely. You can make fanart and give them as gifts. It’s not commercial and you don’t compete in the market against the original copyright holder.
Thank you
How does Sakimichan not get sued? I don't understand how the girl gets away it. She's making millions drawing Disney princesses getting their backs blown out. And I don't mean one and done patreon works. She's selling prints in perpetuity. Nintendo shuts down streamers just playing their games but she is over here illistrating Peach bouncing on Mario's mushroom and it's all good??? For years everyone said it was because she wasn't generating enough revenue but she's pulling down like 100k a month in 2023.