Fan Art

Posted : admin On 8/23/2021

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Is it Legal to Create Fan Art?

Quick answer: While it is generally illegal to sell fan art, it may be OK to publish your fan art as long as you don’t make money from it.

Fan art, fan fiction, or any other creative work inspired by popular culture is a complex and controversial issue. Here are the basics of fan art law. This page is part of our Guide to Laws about Creative, Artistic, and Business Work and Content.

Fan Art for Everyone. You’re bound to find fan art you like on one of these sites. The creativity and passion these artists put into their fan art go unmatched, which is why it’s so fun to view. If you’re an artist, consider selling your fan art—it’s one of the best nerdy side gigs you can do from the comfort of your own home. We would like to show you a description here but the site won’t allow us. Fan Art, Shirts, NaNoWriMo InkWing, which does Mistborn and Stormlight Archive shirts, has a new blog post announcing Black Friday and Cyber Monday deals, as well as a limited edition Windrunner pin. Plus they have a contest for a free T-shirt.

What is considered fan art?

“Fan art” or “fan fiction” generally refers to creative work (drawings, paintings, movies, books, merchandise, etc) which is based on or uses characters from someone else’s work. Some examples include drawing a scene from the latest Star Wars movie, writing your own Harry Potter book, or printing a Black Panther character on a t shirt.

However, if you create a work merely “inspired” by another work, or because you are a fan of a work, without directly referencing it, this is in a different legal category. Let’s say you love Star Wars, and you create a comic which is about people on different planets fighting against each other. You don’t use any Star Wars character or planet names, and you don’t use a lightsaber. Legally speaking, this is very different from the fan art described above, and is generally not considered to be infringing on the other work.

Is fan art legal?

Maybe. Much of it is up to the person or company who owns the original work (such as Disney). Some companies and individuals are more open to fan art in certain forms, while others are very strictly against it.

If the owner does not consent, fan art may be considered infringement of either the copyright and/or trademark of the original work that the art is based on. But it may NOT be infringement if it is considered “fair use.”

The main issue is about profits (isn’t it always). If you are making money from fan art, whether you are selling it or otherwise benefiting financially, this is generally illegal (unless you have permission from the copyright owner, of course).

Even if you are not making money, if the fan art interferes with the ability of whoever owns that work (copyright owner) to make money off the work, this is also a problem. So, if your work can be seen as a substitute for the original work, such that your work makes it less likely that people will pay for the original work, this could also be infringement.

What about all those people making and selling fan art? How is that allowed?

There is a LOT of infringing going on out there with fan art, and the infringers may or may not know it. At some point the original copyright owner may send a cease and desist letter, or demand payment. Other copyright owners simply don’t bother with this, especially for fan art that generates little or no sales.

Bottom line: creating fan art can be a risky proposition, especially if you are trying to make money on it.

Related Pages

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(also 'fan art')
Art of any form, usually electronic or drawnfree hand, that uses characters or settings from a popular television show, novel, cartoon, anime, or movie as the subject. See also wordslashword
by V August 28, 2003
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A deranged, poorly-planned attempt to seize power; particularly if an election does not turn out in your favor.

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Disgraced attorney Rudy Giuliani’s face became drenched in sweat and hair dye as he invented evidence of widespread voter fraud during President Trump’s clown coup.
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Drawings, digital art, or other tributes made towards a show, band, or person.
Fan Art
Person 1: I got really bored last night so I made some fanart for Twenty One Pilots
Person 2: That is literally the best thing I have ever seen.
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unofficial, fan drawn artwork based on a videogame or other work of fiction
That is some of the goofiest fanart i've everseen.
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Sometimes 'fan-art' but either way they have one and the same meaning, any art expressed through the means of digital creation, usually made with screencaptures from television shows (Buffy, whatever) or anything popular, if you're going to make some fanart (or fan-art) then Photoshop is the way to go, for Paint Shop Pro limits most of the user's creativity with the oh-not-so amazing tools. Which Jasc claimed to be new and greatly improved.
by Believe in Me April 08, 2004
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fanart is drawing something your a fan of or a drawing of something what a fan drew, they can be often nsfw content
by Masterlunar July 30, 2018
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A piece of art or an illustration made by a fanatic of a particular, usually popular, person, figure and/or film and tv or something else for or of this thing in a way to express liking the subject

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My hero Acedemia fanart is very popular in the lgbtq+ community as evident by the homosexual 'shipping' of male on male relationships as well as both female ships too
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