Zelda Sheik Fan Art Reddit Reddit Best Site for Fan Art

Download Article

Download Article

Technically speaking, there's nothing illegal in the US about making and selling fan art because copyright isn't enforced criminally. Rather, copyright owners enforce their rights by suing infringers in federal civil court. If they win, they could become money from you. However, if they don't win (or if they never sue in the first identify), nix happens.^[1] Then it might seem like no big bargain, but federal lawsuits are complex and expensive to fight. If you lot don't desire that threat hanging over your shoulder, your all-time pick is to try to get permission from the copyright owner to make and sell your fan fine art. Some artists are actually stingy well-nigh this, but others give permission freely if yous simply ask.

1. ane

   Identify who owns the copyright in the original piece of work. In nigh cases, this is as piece of cake as looking for a copyright notice and and then seeing what name appears after the copyright symbol ( © ). If you're doing fan art of an older character or work, still, yous might take to dig a trivial deeper to make sure the copyright hasn't changed hands.^[2]

   • Typically, you'll have a visitor that owns the right to the characters or other work that you desire to utilize in your fan art. Check out the corporate site of that company for contact information.
   • Await for the person to reach out to for copyright inquiries. If no one is listed specifically, work your manner up the chain asking who you would need to speak to about copyright issues.

2. 2

   Look for a fan art program offered by the copyright possessor. Many major copyright owners (call back picture show studios and product companies) offering fan art programs that allow fans to create art based on their characters within certain parameters. Go to the corporate website of the copyright owner to see if such a plan exists and, if so, what its specifications are.^[3]

   • Continue in mind that many of these programs are notoriously stingy — especially if they're related to long-running, popular characters. For example, Paramount allows fans to make Star Trek fan films, but they tin't be more 15 minutes long.^[four]
   • Some sites that provide selling platforms, such every bit RedBubble^[five] and TeePublic^{[half dozen]} , also have brand partnerships that allow you to sell fan art with permission from the copyright owner.

   Advertisement

3. 3

   Write a formal letter requesting permission to sell your fan art. Address your letter to the copyright owner and explicate who you are and what y'all desire to exercise. Be clear about the fact that you lot desire to sell your fan fine art and let them know where y'all plan to sell it. At the end of your letter of the alphabet, explicitly inquire them for permission to use their work to make fan art.^[7]

   • Provide your contact details and give them a deadline to respond (say, inside ten days of receiving your letter). But exist nice about it — remember, yous're asking them to practice something nice for yous, non making a demand.
   • If you already accept samples of the fine art that you lot want to produce, you lot might want to include a piece of it so they tin see what you want to do. Otherwise, yous might include samples of your other piece of work so they take some thought of the type of artist y'all are.
   • You lot could likewise include the URL of any website where you share or sell your fine art, such as an Etsy or Deviant Fine art page, as well as your social media information.

4. 4

   Send your letter to the copyright possessor. Wait for a correspondence address on the copyright possessor'south website. Yous might need to send the alphabetic character to the copyright owner's agent or other representative. Mail your letter using certified postal service with return receipt requested, then you know when the copyright owner receives your letter. Based on this, you'll know when to await a response from them.^[viii]

   • Go along the green carte you lot go far the mail afterward the copyright owner receives your letter. The easiest affair to do with it is to staple information technology to a printed copy of the letter of the alphabet you sent. That way you take them both together.

5. 5

   Wait for a response from the copyright possessor. Copyright owners will frequently get dorsum to you inside a reasonable time (particularly if they're going to say "no"). If they've fabricated some sort of counter-offer or proposed a licensing fee, consider whether you lot tin can accept that arrangement and go back to them as soon as possible.^[nine]

   • If they give the thumbs-up on your projection, you lot're good to get! Merely continue that letter in a safe place in example they have a modify of middle later.
   • The unfortunate thing nigh a copyright owner refusing permission afterward you've asked is that your fan art projection is pretty much dead. Yous've put them on notice about what you want to do, and you know they're not okay with y'all doing it. That amounts to willful copyright infringement, which tin put you on the hook for some large-time fines.

   Advertisement

1. 1

   Read the cease-and-desist letter to find out how much jerk room you have. If a copyright possessor gets wise to the fact that you're making fan fine art from their original work and they're not happy about that, they'll probable send yous a terminate-and-desist alphabetic character. This letter volition probably be written past their chaser and volition include a lot of intimidating and threatening language, merely don't panic. Skim over that and get to the heart of what they're asking you to exercise.^[10]

   • These messages tend to follow a formula, so if you skip downwardly to the end of the letter, you'll probable see a numbered listing or bullet points that outline what the copyright possessor wants from you.
   • If they've tossed out an alternative, such every bit a licensing fee, consider whether that's something you can afford.

2. 2

   Write a response to the alphabetic character as presently as possible. Decide the extent to which you're willing to comply with the demands laid out in the letter, then start on your response. You can hire an attorney if you desire, although yous don't necessarily need to practice then at this stage. Merely write them a letter to let them know that you received theirs and become from there.^[11]

   • Let them know if you've decided to stop selling your fan art, and that should be the end of it (unless they desire money from you for the copies y'all've already sold).
   • If you're non willing to comply with their demands, say so outright — don't shell around the bush or offer to negotiate if y'all know you're not going to comply. Be direct.
   • Y'all tin can always set forth your statement if you lot truly believe that your art doesn't really violate their copyright. However, if you're going to go this route, it'south usually best to talk to an chaser first. Remember, you're probable writing this letter to an attorney who specializes in copyright police.

3. 3

   Negotiate your use of the work with the copyright owner. You tin't use copyrighted work without the owner's permission — but that doesn't mean you tin can't negotiate for permission later the fact. If your fan fine art is already well-established and yous accept a loyal following, you might be able to pay a licensing fee to the copyright possessor.^[12]

   • Many copyright owners capeesh fan art and might be willing to piece of work with you lot. However, information technology's not going to come free at this stage. The possessor has already let yous know they're not happy with your use, and then look to deal for a licensing fee. If that'due south not something yous can afford, your fan art projection may be dead.
   • This strategy likely won't work with the largest and wealthiest copyright owners, such as Disney. Unfortunately, they likely won't negotiate licensing rights with you lot, equally they only negotiate multi-million-dollar contracts with large companies and distributors.

4. 4

   Rent an chaser immediately if y'all get served with a lawsuit. Copyright infringement cases take place in federal court, so it's essential that you accept a lawyer on your side. The copyright owner will probable have a whole team of lawyers on their side and you lot don't desire to go upwards against that lone. Talk to several attorneys who have experience in copyright litigation, then pick the ane that best suits your needs and budget.^[xiii]

   • If yous're low on funds, expect up "Lawyers for the Arts." Most states have a branch of this nonprofit system of volunteer attorneys. They'll assistance you with your case and might fifty-fifty hold to represent yous for free.^[fourteen]

5. 5

   Argue that your fan fine art constitutes fair utilise. While this tin can be a stretch for most fan art, information technology might work for you if all else fails. The fair use doctrine promotes freedom of expression by assuasive some utilise of a copyrighted work if information technology'southward considered fair. The two biggest categories are "commentary and criticism" and "parody."^[fifteen]

   • Fan art typically doesn't fall into the "commentary and criticism" category because you're creating art related to something that you like. This category normally covers written reviews and news reports, not then much visual art.
   • You might be able to convince a judge that your piece of work was a parody, depending on the overall content of your fan art. For example, if you drew canonically straight characters equally homosexual, you could say that you're ridiculing the original fine art's lack of gay characters.

   Advertisement

Ask a Question

200 characters left

Include your e-mail address to go a message when this question is answered.

Submit

Advertisement

• Copyright owners can only enforce their rights through litigation, so they have to know who you are offset. If you lot keep your fan art operation pocket-size and avert conventions or excess attending, it's possible for you to fly under the radar.^[16]

Advertisement

• This article covers how to sell fan fine art legally in the US. If you live in some other state, the law could be very different. Consult a local intellectual property chaser.

• If you use titles or names in a way that could cause confusion and make people remember your art is official art rather than fan art, you might run the adventure of a trademark dispute also. However, trademark disputes are rare with fan art.^[17]

Advertizement

Most This Article

Thanks to all authors for creating a page that has been read 58,296 times.

Did this commodity help you?

polkstind1987.blogspot.com

Source: https://www.wikihow.com/Sell-Fan-Art-Legally

Share this post