Does copyright apply to fanart ?

Post » Sun Oct 18, 2015 11:07 am

Like say some one were to take their skyrim character and dress it in elvish armour or something and then hand drew it in their own art style


I'm asking cuz I recently hired an artist to draw my Arche Age character and my Mabinogi character into the same picture and both have fairly recognize able outfits for each game (at least to those that play) and I wanted to get it printed out onto a physical peice of clothing but the store that does it won't do copyrighted content

Also sorry for the wall of text
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Benito Martinez
 
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Post » Sun Oct 18, 2015 12:23 pm

That's hardly a "wall" :hehe:

Simple answer: yes.
When someone creates something he has copyright of his own work automatically.
Outfits and other stuff from other people's/companies creations fall under "fair use", unless it is sold.

That printing on a clothing thing gets a bit muddy though, it may count as commercial use, and thus not fall under fair use :shrug: Or they may just have that policy simply to avoid possible complications altogether. I am not sure.

And the obligatory "i'm no lawyer" disclaimer here :hehe:
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Emily Jones
 
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Post » Sat Oct 17, 2015 11:09 pm

Simple answer is its tricky.

Generally you can commission someone to do just about whatever and no one is going to sue you.

I'm a (not very successful) graphic artist. If someone hires me to paint Mickey Mouse on their kids' bedroom wall Disney isn't going to sue me.

I can draw someone's character and there is no copyright issue. I can even start a business around doing that.

What gets tricky is I can't turn around and sell those drawings on their own. I can't usually run a business selling fanart, or make a bunch of fan art and then my business is selling trademarked merchandise.

Where it gets even trickier is it depends on the company. Marvel, for example is very lax about this. I can go to a comic con and many booths are indie artists selling airbrushed paintings of trademarked characters, and Marvel is fine with this. But other companies if I tried to do that they may want a cut of those profits or a cease and desist if they want more control of their trademark and how its represented.

Edit: it can also depend on the money involved. If I start an Etsie page selling wool Power Armor helmets and only net a couple hundred bucks a year its not really worth Bethesda's time to work out a contract with me. (Though again that's an issue of enforcement - they'd be in their rights to send a cease and desist or sue me but may not necessarily enforce that. Other companies may be more diligent.)

If that company starts grossing a lot of money that situation may change.
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Lou
 
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Post » Sun Oct 18, 2015 10:53 am

all i wanted was the custom drawing on a shirt or sweater for my own personal use and be one of a kind no plans of ever selling it to some one else or having the store go into mass production of it for their own use

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Becky Cox
 
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Post » Sun Oct 18, 2015 7:22 am

Yeah then that's usually fine. Commissioned works usually fall under "fair use."
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Elena Alina
 
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