Fanart...

[fletchen]

Anime Detour 2011 - Artist Alley Policies
http://www.animedetour.com/policyartshow

• If you show artwork that features a character belonging to someone else, you MUST credit the owner/creator. (For example, a Disney character must be labeled ©Disney, in addition to your signature.)
• If a character belongs to someone else it still must be a drawing of your own concept and not copied from the original material. A copy with minor editing is also not acceptable.

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[fletchen]

Otakon's rules, Art: The Alley - FAQ: http://www.otakon.com/alleyfaq.asp

What is ìOfficial character likenessî?

Official character likeness is the actual image that was produced and distributed by the copyright holder. For example, a page from a manga is the official character likeness; but a fan created drawing of a character is not. The rule is intended to prevent people from cutting out pages from a manga, or printing screen caps from an anime and selling them as buttons, shirts, etc. You can put your own drawings on buttons, pins, hats or t-shirts, even if theyíre drawings of licensed characters. The quantity limits and copyright information rules still apply, though.

Why do I have to sign my fan art?

Over the last few years, copyright infringement issues have become much more prominent at anime conventions. One of Otakonís responses to this relatively new set of challenges is to take steps to differentiate between art that is sold by the license holder(s) and art that is drawn and sold by fans. To help with this, our lawyers have advised us that having artists who create fan art sign their work would be a good step. Signing the work will make it clear that the piece of art is fan art, rather than a licensed product. Besides, if youíre proud enough of your work to sell it, you should want your name on it anyway. We ask that, as the artist, your name appears legibly on the art where it can be seen (e.g. not in really, really tiny print that nobody will ever be able to read). Ideally, you will also make mention of who holds the copyright.

Why is there a limit on the number of pieces of fan art that I can bring?

This is another part of the copyright problems that have been cropping up lately. In talking with our lawyers, we have decided that the best way to deal with the issue while still allowing artists to still make fan art, and still have as much freedom as possible in making it, was to put a cap on the amount of fan art that can be sold by any single artist.

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[Anidex]

Admittedly, I think if fanart was banned from the AA, I would buy less from there. It's not that I don't like Original stuff, it's just that I have no real connection to someone else's OC.  I don't know the story, and just because it's original doesn't make it good.    Just like in the dealer's room, people (ESPECIALLY those with a limited amount of spending money) are going to buy the things that are familiar to them.  It's as simple as that.

And I understand the reason to ask lawyers, but really, wouldn't asking the companies be better?
If derative works are protected, and the only reason fanart can't fully qualify is because permission needs to be granted....why not just ask permission?

[ragabash!]

Admittedly, I think if fanart was banned from the AA, I would buy less from there. It's not that I don't like Original stuff, it's just that I have no real connection to someone else's OC.  I don't know the story, and just because it's original doesn't make it good.    Just like in the dealer's room, people (ESPECIALLY those with a limited amount of spending money) are going to buy the things that are familiar to them.  It's as simple as that.

I find quite the opposite actually.  Just because it ISN'T original doesn't make it good.  This is art, if your eyes linger on a piece of art for longer then a few seconds you've already made a real connection.  I tend to like it better as there is NO preexisting story.  It let's my mind fill in the blanks.  In my opinion that's what good art should do anyhow.   BUT as I said that's an opinion and not really relevant to this discussion which is what to do about fanart.

And I understand the reason to ask lawyers, but really, wouldn't asking the companies be better?
If derative works are protected, and the only reason fanart can't fully qualify is because permission needs to be granted...why not just ask permission?

Quite frankly, it's not PortCon's job to ask.  If we were to take this route, I foresee requiring all artists/dealers who wish to sell fanart provide written permission to us for each piece of fanart (or at least each piece of IP being used) before we allow it to be sold.

I am liking what Otakon and Anime Detour seem to be doing, thanks for the links Fletchen!

[fletchen]

Quite frankly, it's not PortCon's job to ask.  If we were to take this route, I foresee requiring all artists/dealers who wish to sell fanart provide written permission to us for each piece of fanart (or at least each piece of IP being used) before we allow it to be sold.

I am liking what Otakon and Anime Detour seem to be doing, thanks for the links Fletchen!

Np. It makes sense to research how other cons are handling the same issue. Besides, you don't want this to become a liability issue  - and ya don't have the time and means to teach certain folks some basic *common sense*, either.

[Anidex]

:p What I ment by ask the companies, I ment ask them..."Is it alright to allow artists to sell fanart of your _____ in the artist alley in our convention, so long as it is their own work, and not a copy your official art?"  Not have to have each induvidual artists come in with written permission.

[Anidex]

Now that I think of it, what kind of fanart are we going for here? Are we including fanart of mythical gods and beings? Legends from tall tales? Celebrities? Novels, webcomics, webgames?

Because even art of someone's interpretation of Anubis is still fanart of Anubis. Or Fiver, or Johnny Depp, Angry Birds or their Vampire the Masqurade character.

[jekka]

Maybe we should get the opinions of some folk who work in the industries that have acquired the NA licenses.  It would have been a good chance to do so while Chris was still in town. Derp.

[fletchen]

Another view by Yellow Peril, Katsucon and the Big Bad Fan Artists: http://ypcomic.com/2011/02/03/katsucon-and-the-big-bad-fan-artists/

NekoCon Artist Alley rules: http://www.nekocon.com/?page_id=272

The Art of Fanart:

You may not solely display and sell fan art. It is strongly suggested that fan art should not take more that 30% of your items displayed on the table space. If we see that fan art is taking up too much of your table space you may be asked by the Director of AA or any of the AA staff to rectify the situation (I.E. Displaying more of your original art). If the Director or any of the Staff deem something as a copyright infringement you will be asked to remove it once. If it becomes necessary to ask you to remove it a second time you will be ejected from the convention.

Absolutely NO copyrighted material such as logos, symbols, or icons are allowed in any form to be sold in the AA.

Fan art prints should be kept to 15 or less copies per image.
No more than 30% of your table display space can be fan art.
Guidelines for Fanart as followed:
– It must not be a copy, either by hand or computer, of official artwork.
– It must be an original design, drawn in the Artist’s own style & own poses.

Permitted in Artist Alley:

DVD, Calendars, Drawings, Watercolor, Paintings, Prints, Comics/Manga, doujinshi, .zines, sketches, cel art, pins, buttons, posters, CD’s, Books, T-Shirts and other clothing, Bags, Bookmarks, Cards, Games, Etched glass, Pins/buttons, Posters, Face painting, Models, ears/tails, Jewelry, Costumes, Custom plushies, Props, Gothic lolita, Origami …

NOT permitted in the Artist Alley :

No duplication/reproduction of licensed material.
No (re)selling of commercial products. (store bought merchandise)
No weapons. (metal or wooden : soft material cosplay props=ok)
No bootlegging or piracy.
No garage sale-like items.
No flamable items.
No convection ovens.
No airbrushes.

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[fletchen]

For artists, Copyright Clearance Center: http://www.copyright.com

MangaNEXT Artist Alley Rules and Terms: http://www.manganext.org/artist-alley-rules

Copyrights and Fan Art: Fan art is allowed so long as it follows the guidelines below:

Fan art must NOT be a copy, either by hand or computer, of official artwork.
Fan art must be an original design, drawn in your own style with your own poses.

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[fletchen]

Last one, I swear... but I'm a nerd and once you get me doing research.... whoa-boy! 
 
Plagiarism Today, The Messy World of Fan Art and Copyright: http://www.plagiarismtoday.com/2010/05/13/the-messy-world-of-fan-art-and-copyright/

[ragabash!]

:p What I ment by ask the companies, I ment ask them..."Is it alright to allow artists to sell fanart of your _____ in the artist alley in our convention, so long as it is their own work, and not a copy your official art?"  Not have to have each induvidual artists come in with written permission.

I know that's what you meant.  And I'm saying that's not OUR job.  It's not our art. It should be the responsibility of the people creating the fanart to get permission to do so.  In order for us to have proof of it, to allow the sale of fanart, we'd have to see it in writing.  Huge hassle for you guys, I know, but it's an easy stance for us to take.  And I'm pretty sure it'd be very stable legal ground to stand on as well.  One of the reasons it's so easy.  It's really something fanartists should be doing anyhow, ESPECIALLY if they want to make money off their work.

Once again thanks Fletchen!  Someone's gotta research all this, I'm glad it's not me. ^_^

[fletchen]

Once again thanks Fletchen!  Someone's gotta research all this, I'm glad it's not me. ^_^

No problem. Based on what I've gathered, it appears that the artists need to take the initiative to make sure it doesn't become a liability issue for the con. Keep the con fun. Con volunteers have enough to deal with, so artists would be helping to deal with this in advance before it becomes a problem. =^,^=

[Anidex]

So now I'm just annoyed at this whole thing.  I haven't heard of any major fanart lawsuits and it just sounds out people are freaking out over something that's not going to happen.  You've also now made me properly paranoid about my art, and I think I'm going to spend today sending out emails to people. Since apparently no one else wants to.

And I notice no one's answered me in regards to what type of fanart we need to be worried about.

[ragabash!]

Now you see why it's such a can of worms, Anidex.   I don't expect it to happen to us, but it has happened before.  Just glancing over the stuff Fletchen has dug up shows that.  I meant to answer you before but left it out, sorry.  Really we're talking about all fanart/fanfiction.  Any derivative work (using the term loosely here) that people want to try to sell at the con. This does not include depictions of the Norse gods, since no one has a copyright on their images.  But it would include say depictions of the D&D pantheons or the Marvel version of Thor.  Now the key word in all this is the word sell.  If people wanted to give it away this wouldn't be an issue.  Now of course that's a bit absurd as artists make money off their work.  So that's why we're discussing this here.  Trying to find a good balance that works for us and our artists and vendors.