Can you sell your DS fanart?

[chocolatevampire]

Its cold, that is mostly what all I can think right now. But my reason for this post is to ask if it is wrong to sell your fanart that you draw or paint? I do some DS stuff on occassion and I just rescued and then adopted a bunch of stray cats that need vaccines and spaying and neutering. So, I need to get all the money I can from every source I can, legaly that is :-)

I don't see anything wrong with selling fanart since it is not actually using actual images from the show it is your own art. But, I also am scared because I am so poor I can't pay attention and the last thing I need on my already mentally ill minde is worrying about copyright on this DS work, yet I probly could get $20.00 and that would buy one or two certificates from the SPCA to help me get these cats fixed. Or buy dinner. Yes, I AM that poor.

So, let me know all your thoughts and such on this subject.

[David]

As far as I know, you can do portraits of anyone you like & sell them legally.
If you draw it, it's your creation.
Folks have been doing it for years.

David

[chocolatevampire]

Yeah, that is what I was thinking, but then I also had this other 'voice' saying that it might be different if it is a portrait or artwork done of a character not a person.

 

[Julianka7]

I have seen Dark Shadows Fan art for sale on ebay.
Drawings and paintings. So I think it's legal.

[chocolatevampire]

Cool. I hadn't thought of looking at other people's works, I wasn't sure that other people were doing it. I did see clocks and such with DS pictures but not artwork.

Cool, now I want to view what other artists are up to :-)

  Just about as cold.



It is annoying that you can't copy/paste. The address to my DS image is too long to type.

[Midnite]

but then I also had this other 'voice' saying that it might be different if it is a portrait or artwork done of a character not a person.

I think that is a wise voice.  First off, I'm not a lawyer, so please don't consider what I'm about to say to be legal advice.  But for me, chocolatevampire's phrase "images from the show" sticks out, and I strongly disagree with David that anyone can [display] and sell "portraits of  anyone you like" for a few reasons, but we'll eliminate one of the reasons right off the bat (pardon the pun) simply because we're talking about images that can be seen on TV, DVD, etc.  So I'll just address the issue of drawing and selling the drawings of copyrighted images and characters.

Copyright law prohibits the use of a copyrighted work without the express permission of the copyright owner.  DCP has not given fans a carte blanche to use its images and characters, and you cannot assume that Fair Use applies in this situation.  If you create the artwork for your own private amusement, you probably won't have to worry about any actions taken against you for it, but your work will be commercial-- your noble reasons aside (and I think adopting and caring for stray animals is wonderful!!), you said you plan to make some money off the art, and that can be problematic.

However, that's not to say that DCP would enforce their rights.  I've seen lots of fanart sold on Ebay too at at Fests and I'm not aware that that DCP has ever done anything about fanart specifically, but that's not to say they haven't, and I don't think you should assume that what you hope to do is legal based on any of this.

To put your own mind at ease and possibly avoid future problems, I'd recommend contacting Jim Pierson and asking him how he feels about it.  Then, absolutely do not do not do not flaunt that you got the images from MPI material.

Hope the weather warms up for you!

[Midnite]

It is annoying that you can't copy/paste. The address to my DS image is too long to type.

You can copy and paste, chocolatevampire.  What's disabled here is only the right click.

Just highlight and copy the url as usual, then on the Forums use either Edit/Paste or Ctrl+V.  Hope that helped.

[chocolatevampire]

David's lurking in the shadows I see

Yeah, I think I'll just share and not sell like what people do when the do fanfiction. I don't think that celebrating DS fandom is bad, though some fanfiction is

 

[rainingwolf]

Back in the day, my ex and I had a wooden toy business. We designed a coat rack with a caricature of Groucho Marx on the top, complete with a cigar that when pulled made his eyebrows wiggle. It sold well all over the country--until it went in a shop in Hollywood. Then we got a letter from the Marx Brothers heirs saying if we didn't desist selling immediately there would be a lawsuit in the future. We learned to stick to making trains, cars, and rocking horses after that! No more celebrity art works!

[Midnite]

If you create the artwork for your own private amusement, you probably won't have to worry about any actions taken against you for it

I should clarify that a bit.  By private amusement, I meant keeping it to yourself.  That's not to say that DCP hasn't looked the other way when original fan fiction, art, fan videos, performances, novels and comics (etc.?) have been posted online or distributed for free, but I don't think one can assume they're totally safe creating any of these without permission just because they don't make money off the venture, and I'd hate to see any fan experience unexpected legal problems.

I think celebrating DS fandom is great.  This coming from someone who enjoys attending Fests and meeting other fans, loves talking about the show, and started a discussion board with a couple of like-minded friends at a time when there weren't many safe places on the net for fans to discuss the show.

[David]

For some reason, making toys/memorabilia does fall under copyright protection.

What I meant earlier was that portraits~~~original drawings
of a person on paper or canvas~~should be safe to sell.
Note I said original drawings.
not recreations of already existing images.

Cheers!
David

[chocolatevampire]

Thanks for all the replys.

With all the concern and the 'politics' sounds of Midnite I am amazed we have this board at all. Can we even type Barnabas?

I even got so concerned I closed my ebay account temporarily :-)

Whatever. I am living in poverty and have no money for anyone. Unless they want my one pair of shoes, yes I only have one pair, they won't get much.

Give me a reason to commit suicide, please.

[Midnite]

chocolatevampire,

I don't find your jokes about suicide or poverty to be the least bit funny.  But your continued sniping and sarcasm have placed your account here in jeopardy, and your attempts at anonymity have not helped your case (one that is not unfamiliar to the mods here).

The topic has been locked.  If you have any further questions about copyright, there are several websites that can easily be found via search engines.