Aure7 Posted March 11, 2014 Share Posted March 11, 2014 (edited) I did a lot of research and as expected selling fan art is not very legal. But most of it wanders around the internet until the trademark owner takes action and takes it down, but most of the time they do nothing because they're actually ok with that.On deviantart it says that some sort of formal written permission is required from the trademark owner in order to sell fanart prints. I don't really understand how exactly this goes, what sort of message does the owner send. http://help.deviantart.com/743/ And here's an entire article on this topic http://kirawra.deviantart.com/art/The-Truth-About-Selling-Fanart-212570726 I won't lie I did found a tiny bit of warframe inspired t-shirt design and a couple of stickers. But now I am asking DE: Are you okay with some bits of fanart being sold in small quantities? More specifically prints. Or in big quantities if for some reason it gets very popular. Would you give this "formal written permission" if someone decided to sell prints on deviantart? Edited March 11, 2014 by Aure7 Link to comment Share on other sites More sharing options...
immolator1001 Posted March 11, 2014 Share Posted March 11, 2014 warframe t-shirts, stickers, and prints aren't fan art. They are merchandise. However you should be able to commission someone to do a waframe drawing and then you yourself can put it on a shirt and stickers for yourself, but you cannot market and sell it enmass. Link to comment Share on other sites More sharing options...
Aure7 Posted March 11, 2014 Author Share Posted March 11, 2014 warframe t-shirts, stickers, and prints aren't fan art. They are merchandise. However you should be able to commission someone to do a waframe drawing and then you yourself can put it on a shirt and stickers for yourself, but you cannot market and sell it enmass. those stickers, t-shirts were 100% drawn by the person, he simply used warframe as inspiration so therefore it's fanart, but simply put on an object. Link to comment Share on other sites More sharing options...
Brahmastra Posted March 11, 2014 Share Posted March 11, 2014 >Warframe futa "art" being sold errywere. Link to comment Share on other sites More sharing options...
Brynslustafir Posted March 11, 2014 Share Posted March 11, 2014 >Warframe futa "art" being sold errywere. Whatever language you typed this in, Google translate cannot decipher it. Link to comment Share on other sites More sharing options...
immolator1001 Posted March 11, 2014 Share Posted March 11, 2014 those stickers, t-shirts were 100% drawn by the person, he simply used warframe as inspiration so therefore it's fanart, but simply put on an object. That doesn't matter they are still warframe merchandise and he is making money off of warframe. His drawings would not exist without warframe. He is using warframe to make money. Link to comment Share on other sites More sharing options...
Brahmastra Posted March 11, 2014 Share Posted March 11, 2014 Whatever language you typed this in, Google translate cannot decipher it. That hard to understand? Warframe shemale porn being sold everywhere. Link to comment Share on other sites More sharing options...
Marshall Posted March 11, 2014 Share Posted March 11, 2014 if you are busy in the business of arts, you know that everybody is "inspired" by anybody. DE also takes ideas from other games - what they own is the data, the actual in-game characters but not what you draw just because it looks similar. I don't make any money from it but fanart in general should be allowed. Link to comment Share on other sites More sharing options...
Clairissa Posted March 11, 2014 Share Posted March 11, 2014 Selling objects with art of a franchise is considering merchandising, this can break copyrights and become illegal. Being comissioned to draw art of a character does not break copyright, as you are being paid to preform an action, not creating the artwork and then selling the piece off. Link to comment Share on other sites More sharing options...
Bobsplosion Posted March 11, 2014 Share Posted March 11, 2014 Can I pay people on the forums plat to draw for me? Link to comment Share on other sites More sharing options...
Marshall Posted March 11, 2014 Share Posted March 11, 2014 Can I pay people on the forums plat to draw for me? Many guys do that. I did this as well some time before. I asked Megan and she said it is ok. Link to comment Share on other sites More sharing options...
AuroraSonicBoom Posted March 11, 2014 Share Posted March 11, 2014 (edited) Can I pay people on the forums plat to draw for me? DE should be able to answer that. They might condone it, they might not. A few years back when I still played Guild Wars people sold fanart for rare mats all the time. When the same culture started to develop in the sequel they suddenly turned around and said "nope". I think DE is pretty open about people creating fan works and parodies of their intellectual property as it increases exposure, but we can't be sure until we ask em. Edited March 11, 2014 by AuroraSonicBoom Link to comment Share on other sites More sharing options...
Otaiken Posted March 11, 2014 Share Posted March 11, 2014 (edited) Selling objects with art of a franchise is considering merchandising, this can break copyrights and become illegal. Being comissioned to draw art of a character does not break copyright, as you are being paid to preform an action, not creating the artwork and then selling the piece off. Doesn't that apply to official art only though? Say if I took official art of a frame and then printed it on stuff and sold it. Also, how stylized is it allowed to be? I could understand that drawing pretty much exact copy of the original could be bad, but what about very stylized drawings.. let's say chibi style drawing of frame. And what about collections, there are many t-shirts with several video game characters on them... are they always licensed? Does anyone still own pac-man for example.. or does Nintendo need to approve every t-shirt with Mario on it? I guess what I'm saying that fanart is certainly in the gray area when it comes to law. Laws are not keeping up with the internet in general and there's no actual precedent I can think of. So asking for permission is your best bet. Edited March 11, 2014 by LocoWithGun Link to comment Share on other sites More sharing options...
Stalvert Posted March 11, 2014 Share Posted March 11, 2014 Something like this is nigh impossible to enforce, as well as not worth actually enforcing even if it might technically be copyright infringement unless done on a massive scale. I'm sure plenty of Doctor Who shirt sellers don't pay the BBC a dime, getting by on parody law. I wouldn't sweat it- even if DE was run entirely by lawsuit happy lawyers, they still wouldn't touch this for the amount of bad press it'd cause. Link to comment Share on other sites More sharing options...
KONAir Posted March 11, 2014 Share Posted March 11, 2014 (edited) That hard to understand? Warframe shemale porn being sold everywhere. But is it straight plagarism or derivative art? Edited March 11, 2014 by KONAir Link to comment Share on other sites More sharing options...
Bobsplosion Posted March 11, 2014 Share Posted March 11, 2014 Many guys do that. I did this as well some time before. I asked Megan and she said it is ok. Sweet. Link to comment Share on other sites More sharing options...
Stalvert Posted March 11, 2014 Share Posted March 11, 2014 But is it straight plagarism or derivative art? groan Link to comment Share on other sites More sharing options...
DecoyCode Posted March 11, 2014 Share Posted March 11, 2014 I think one of the bigger technicalities is whether someone is being paid to make it, or making it and then selling it as product. Link to comment Share on other sites More sharing options...
KONAir Posted March 11, 2014 Share Posted March 11, 2014 (edited) I think one of the bigger technicalities is whether someone is being paid to make it, or making it and then selling it as product. So it is not straight plagarism, but deviant art? Edited March 11, 2014 by KONAir Link to comment Share on other sites More sharing options...
Cyberdown Posted March 11, 2014 Share Posted March 11, 2014 I can think of lots of time consuming things I could do for less than minimum wage income. Link to comment Share on other sites More sharing options...
Aure7 Posted March 11, 2014 Author Share Posted March 11, 2014 I can think of lots of time consuming things I could do for less than minimum wage income. this is not talk about making a living from fanart Link to comment Share on other sites More sharing options...
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