Fanart...

[Oriana]

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

Here's an answer: *I* think (and I'm not the rule here, I'm one of the people learning as this conversation develops) we should be worried about selling art that is almost a duplicate of the official art. In other words: hey, are you LITERALLY redrawing Naruto? Or copying Girr onto a bag and selling it? UHHHH..

That's what I think.

No one is going to directly answer you Anidex. It's a conversation, we're all unsure, and we're learning.

Thank you Fletchen for all your research.

And thank you everyone for your input.

Anidex: perhaps you should look at this conversation as less of giving answers/getting answers, and more as a debate of us trying to figure out our stance. We're not going to solve the fanart situation in 3 pages on a forum a week after the con. If it was that easy, I'm pretty sure other cons would have handled it way quicker than it took (i.e. Katsucon's debate a few years ago)

Hisoka: DOH. Is there anyway we can ask industry people now? Or have we lost the ability? DOH! Good point!!

[fletchen]

What complicates matters further in the US is that it often takes litigation before the rules are clearly defined. But lets face it, no one wants to go there.

Here's some more legal stuff on copyright for artists to consider: http://www.nolo.com/legal-encyclopedia/patent-copyright-trademark/;jsessionid=F325EA204A6EF6290414E8305C278D92

And then there was a recent case involving a Cosplay Designer Yaya Han: http://www.conventionscene.com/2011/06/23/cosplay-designer-yaya-han-settles-copyright-infringement-lawsuit/

Just be aware of what you're doing and considerate of your con. 

[Anidex]

I sent an email to Blizzard, mainly for myself since I draw a loooot of Warcraft inspired stuff. Last thing I want is to get in trouble with my hero. :x  When/if I get a response, I'll let you know what they say in regards to their stuff so at least we know where they stand.  I know a couple of people in the AA draw warcraft stuff too.

[PatrickD]

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.

I'm not sure Chris would be able to speak on behalf of FUNimation or Sentai Filmworks, but the web sites for those companies and others should have appropriate contact info...

[melting_doll]

Using character likenesses, or even using a brand name isn't illegal...
...as long as it's used in parody.


So obviously, everyone just needs to make all their fanart really funny! (;



But on a serious note, fanart happens.  Whether we restrict it from PortCon or not, there are other people and places that are going to sell it.

I know that the AA this year was paying attention to fanart, by making sure everyone in the alley wasn't all fanartsy-fartsy but that at least half of their work was original.  Of course, we don't live in a perfect world and some exceptions were made.

But fanart sells!  As an artist I will say that I see nothing wrong with fanart.  I DO see a problem with PLAGIARISM.  I would super butt-punch anyone I met that I saw try to steal something and call it their own.  The thing about fanart is, I think it's one of the best ways to get someone to notice you. 

If you are an artist and I am a customer and I LOVE the way you draw, say, Yotsuba&!, I can assume I would like other things that you draw.  Being able to recognize something I know I already like is what's going to pull me in.  One, because we probably have at least one similar interest and two, because you did a good enough job to make the character immediately recognizable.  That implies that you could draw anything, say if I want a commission of a different character/person/thing, just as well.

It would be really cool if people could only use fanart that way - gain interest and trust(trust in your talent) in your customers, and then only sell your original work; never actually sell the fanart (unless it's a commission?)  I know that wouldn't be realistic immediately, but it'd be a neat idea.

I for one actually draw heaps of fanart and enjoy it more than drawing anything else, but then again, I don't sell much of anything I draw. d:

[AGiganticPanda]

Looking at arguments about liability I honestly don't think there is much to worry about and to be on the safe side have vendors and artists in part of their agreement agree to take liability about selling copyrighted materials.

Parody is something that is protected under fair use although if someone really wanted to bring a case forward it would likely be taken seriously and have research done. The issue with parody is that what is and isn't parody is not set in stone and in terms of law parody doesn't just mean "make fun of it" it also can be a commentary of the original work itself. (Like how Sasuke and Naruto are gay for each other <-Made fan girls from 5 years ago day right here)

Regarding reproduction of work, we are not some super group of copyright lawyers who can say what is and isn't an exact copy and I don't think we should be. Obviously reproducing work should always be dealt with but besides that, I think it's in artists and vendors hands on what they take risks on with products they sell as it should be.

Seeing that we're a small con compared to others and honestly, we don't get a lot of publishers visiting the con and even further even if they did the likelihood of them coming into an artists alley and screaming "B-b-b-bootleg!" is unlikely.

Going on that with my personal opinion, as long as the Fan art...uh isn't a large scale production it isn't A. Impacting sales enough to bother and B. Increases the fan base of the work. Most companies unless their legal team has something to prove usually could care less because they have better stuff to do.

[tagaseguchi]

With this I bring up Cosplay Commissioners who make certain items that are available to the mass market from official dealers such as Inu Yasha's necklace you can get that from the licenesed distributor but it is cheaper at times to have someone make it for you (or if you like buying handmade items not mass produced) would these items be considered bootleg or be infringing on any copyright laws in your opinions?

For a while I was making cosplay jewelry but got scared about copyright laws and the very fine line that is considered fanart (cosplay = fanart right?)

[AGiganticPanda]

For a while I was making cosplay jewelry but got scared about copyright laws and the very fine line that is considered fanart (cosplay = fanart right?)

Unless you're selling them in mass that is having a major effect on their profit although technically could be a case that could be brought to court, it's highly unlikely.

[atemulover]

Here's an argument. Why is it that drawing a professional looking picture of their favorite anime character like Edward Elric, Naruto or Ichigo and it's considered illegal plagiarism but a guy who entire gallery is nothing but rip off super heroes (pics of batman, superman, spiderman, captain america, xmen etc) is considered a tribute to pop culture icons and is praised instead. Doesn't make any sense to me at all.

[Knarpulous]

Here's an argument. Why is it that drawing a professional looking picture of their favorite anime character like Edward Elric, Naruto or Ichigo and it's considered illegal plagiarism but a guy who entire gallery is nothing but rip off super heroes (pics of batman, superman, spiderman, captain america, xmen etc) is considered a tribute to pop culture icons and is praised instead. Doesn't make any sense to me at all.

Might help if you provided examples to support your argument. There is nothing illegal about simply drawing anime characters, and I haven't seen anyone get accused of plagiarism over it. And how is drawing superheroes a rip-off? Is that different than drawing your favorite video game or manga characters?

[Taga]

Might help if you provided examples to support your argument. There is nothing illegal about simply drawing anime characters, and I haven't seen anyone get accused of plagiarism over it. And how is drawing superheroes a rip-off? Is that different than drawing your favorite video game or manga characters?

I think what they are saying is that there are some fan artists out there that are getting in deep legal issues over whether or not their fan work is plagiarism when there are other artists out there doing the same kind of work just different subject matter (US media and not Japanese Media or the like) and that art is being considered a wonderful homage to pop culture.
I have a poster drawn by a guest  of a comic con in Spain. On the poster is Superman, Merlin and about 75 other very well known comic characters, his art is almost a spit out of mouth image of those characters. Does he get in trouble? Nope, he is in the professional industry of comics as well but NOT with Marvel which at least half of these characters are.

[Knarpulous]

Can I have some links to these artists who are being accused of plagiarism? Is it by Japanese authors or the American company who has the license?

[AGiganticPanda]

Just become something is "illegal" unless it's criminal it's up to copyright holders to follow with civil suits and for a lot of things this just doesn't happen. Either because the case isn't worth their time or it falls well into parody. If anything you usually get a cease and desist letter first.

[Piggie4299]

I've never liked or disliked fan art, but as an artist that makes unique characters of my own, I am partial to people having respect for intellectual property rights. I disapprove of anyone taking one of my characters and drawing/writing them without my consent. I OWN them. That would be like someone stealing my paint to make art and then claiming it was ok because they did all the work... Theft is theft! Honestly, I'm not sure where the discussion is coming from here. There are very well defined copy right laws for intellectual property. This is a legal issue and our policies whould be based solely upon the law. If its legal to do (I won't like it) but fine, we should allow it. If its considered theft under the law, then its theft and should not be allowed. I really think we should just get a copy right lawyer to give guidance and go with that... I simply don't see how personal preferences are relevant in this issue...