The Do's and Dont's of Fanart
My friends...my rant is about FANART and FANARTISTS! For those of you who live under rocks and this being their first time on the internet, fanart is a creation of art based of an existing, and copyrighted image, made in tribute to the original creator. Fanartists is the term used to label these such "copy-creators". Fanart exists in enourmous amounts. In actuality, I think that there is more fanart on the internet than there is original art. While I do not have a problem with people creating works to pay homage to their "art heroes", I do have a problem with the way most people handle and think of fanart. Listed below are things that I have seen over the web and have deemed proper and improper uses of fanart. I have also included information about this magical little word that defines what is legal and not...it's called copyright. Lastly, I have included some information about the "Fanart Loophole" called "Derivative Art". (It's not as straightforward as you think) What is Copyright? Many people, especially fanartists do not understand this little thing called copyright. To many, this little legality does not exist. But my friends, it does. Please, read on and learn about this magical thing... Copyright is....
In simple terms, something with this symbol on it "©" means that someone else owns this particular song, software, PIECE OF ART, etc. Copyright protection happens when anything is tangibly created...which means, the first moment you sign your name to a song, or make a working copy of a program or SAVE AN IMAGE TO A HARD DRIVE OR HAS BEEN PRINTED TO PAPER. So even without the little "©"...if the image has been previously saved and a working copy exists...it is protected. When you see the little "©" symbol on a website, book, whatever, it means that someone is telling you..."Hey I own this, this is my ORIGINAL creation. If you steal, modify, copy or make a profit of the things contained within without my expressed consent, then I can come after you and SUE you because you are breaking copyright LAW". Nothing with a "©" symbol is public domain. That means that all of these artist you love...if you see this symbol, "©", ANYWHERE on their site with their name or company next to it, it means that you cannot copy their creations and call them your own. Modifying a copyrighted item is also against copyright law. So if you see a cool picture and pretty much trace it and change some stuff around does not mean that you can call it yours. For more information on this magical thing called copyright, please visit this excellent site - http://www.whatiscopyright.org So here are some basic Fanart Do's and Dont's if the above did not explain it enough for you. DO use fanart to learn. - We as human being learn by example. Looking at and studying your favorite piece of art to learn more about it, is acceptable use. Trying to sketch out a picture you see is a great learning exercise. DO "thank" your favorite artist with fanart. - For many artists, receiving a piece of fanart is the ultimate compliment. HOWEVER, do thoroughly research to see if your particular artists appreciates it. Those who usually do not approve, nor appreciate fanart as a "You rock! I love you!" gift, usually make it known. DO give the creator credit. - If you are making a fanart, make it known! Blatanly state, "This is fanart, this is not my original creation." Better yet, after stating that it's a fanart, give the original creator some credit...like a name, a link, a phone number, whatever information is available. Just make it clearly known that this is not your work! DO state YOUR rules on fanart (if you're an artist) - If you have a website, book, public appearance, whatnot...make it known what your views are on fanart. If you don't want fanart and think it's distasteful and rude, make it known! If you appreciate fanart, then also, make it known! DO NOT claim your fanart to be original. - That statement is an oxymoron. Nothing you create that's based off something that already exists is original. Just because your fanart puts the character in a different outfit, or your fan story uses the same thesis but a different setting does not make them original. DO NOT claim your fanart to be your property. - Fanart is a modification of a copyrighted image. Thusly, fanart is NOT YOUR PROPERTY. Claiming that your fanart is your property is a stricty copyright violation. DO NOT sell, auction, make any sort of profit, from your fanart. - AGAIN, fanart is NOT YOUR PROPERTY. What is not yours, you cannot sell. For example... Someone is holding an art auction. I like Cowboy Bebop and can draw the characters well. So I draw a picture of Spike that looks just like Spike and then auction if off. That is against COPYRIGHT LAW. You CANNOT make a profit or even USE a copyrighted image without written consent of it's creator(s) and/or owner(s). Lastly...this loophole called "Derivative Art" and the loop holes to get you in trouble. A derivative work is a work created with permission from the original copyright holder and itsself is copyrightable. Without permission it shall constitute as copyright infringement. However, The dividing line between an unauthorized derivative work that infringes on another copyright owner's rights and a new original work that may make reference to an existing image is still blurred. What this means in plain english is...Let's say that you love Inu-Yasha, so you draw an Inu Yasha fanart and want to sell it, win a prize for it, make some sort of profit off of it. You would have to find out who currently holds the copyright for Inu-Yasha, present your piece to them and have it approved, verbally and written. THEN, you may say, this fanart is copyright so and so, THEN you may sell, auction, make a profit, etc that particular image. You will also have to do this process with each and every subsequent image. Permission, unless stated/written by the original holder, is for one time only. As for the line between derivative and original...well that depends who has the bigger legal team. Joe Fanartist vs. Bandai....hmm, who's gonna win? So for many of you who want to sell your fanart, this is a great loophole to let you do it, provided that you actually contact the original copyright holder and are APPROVED. However...think for a moment, if you were that original artist... if someone came up to you and said, "Yeah, I took your idea and well, just redrew it and now I want to make some money off it." What type of answer do you think you would get? Exactly... So if you must, and believe that you can win this loophole, go ahead and ask permission. If you suceed, let me know!
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