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Leaky Lounge > HP-Related Discussion: Diagon Alley > Leaky Sites: Cauldron's Corner > The Leaky Galleries > Leaky Fan Art Gallery Forum

 
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Fanart, copyright and trademark?
aesculus
post Jul 5 2007, 02:12 PM
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I have a question about the legality of fanart. As I understand it, I can create fanart of any scene in the books, but I cannot sell it for profit.? So, if I were to lift an image from a press release and create a banner, that's OK, but if I put it on a bumper sticker and sell it, that is copyright infringement? Or, if I create original artwork of a phoenix, once I call it "Fawkes," that is trademark infringement? Does anyone have any information on how this works?
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Read2my3
post Feb 1 2008, 06:59 PM
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QUOTE(ani_bester @ Jan 28 2008, 01:00 AM) *
worst case I've come across in the HP fandom, was the owner of Hocus Pocus had his art used as Harry Potter stamps in anther country! I never heard of the legal outcome, but I would imagien it would be very hard for a porr fanartist to do anything about that if the Music companies have trouble stopping music pirating.

The worst non-hp case, and this is smewhat recent, is a deviantart artist who had her images used at Macy's IIRC, on pants. It seems the chinese company Macy used to design their clothes and just ripped the girls tiger image off, changed the colors, and put it on a line of clothing.
IRC, the women was actually pursuing a legal case.

And that is kinda scary, and sadly, the net makes it just so very easy to do this kinda thing (which is why you should never put printable quality images on the net at the very least!)


In all of my murals I've always hidden Easter Eggs of my name (in addition to my sig and date) that I don't point out to the client. Since I paint kids' rooms, I also do the name of the child who the mural is for as a fun thing for them to find when it's done. I got the idea from Hirschfeld who always put the name of his daughter, NINA, in every characature several times. I can't believe how rampant the stealing is! Not that I think anyone I've painted for would ever rip me off like that, but you never know who is coming to a home and may take a picture etc. etc. I haven't done it on any of my fanart. I'd be astounded if anyone wanted to rip that off since I am still bumbling around with CorelDraw. ponder.gif But I highly recommend Easter Eggs for anyone posting their serious stuff out there, make your name part of the work as well as your sig which can be erased. Either that or put your fingerprint in there somewhere!

This post has been edited by Read2my3: Feb 1 2008, 07:08 PM


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"And some old witch in Bath had a book that you could never stop reading! You just had to wander around with your nose in it, trying to do everything left handed."
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Tom Scribble
post Feb 4 2008, 08:17 AM
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QUOTE(Read2my3 @ Feb 1 2008, 07:59 PM) *
But I highly recommend Easter Eggs for anyone posting their serious stuff out there, make your name part of the work as well as your sig which can be erased. Either that or put your fingerprint in there somewhere!


I have done that in a few pictures - integrated my name or signature in some small detail. Sometimes they have turned out so small they can't be seen on the scan. I always wonder if it is some consolation that I actually have the physical objects of the original pencil drawings, as opposed to digital files only.

In any case, I tend to oscillate between being incredibly blasé about the work and indignantly over-protective...
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Posts in this topic
- aesculus   Fanart, copyright and trademark?   Jul 5 2007, 02:12 PM
- - Saphira_shurtugal   You can do fanart for your own entertainment and t...   Jul 5 2007, 02:38 PM
- - aesculus   How are the artists on cafepress doing this then, ...   Jul 5 2007, 06:14 PM
- - leelastarsky   It is quite legal to sell original fanart. And by...   Jul 5 2007, 06:55 PM
- - some late visitor   QUOTE(HeidiBug @ Aug 2 2007, 06:16 PM) 13...   Aug 17 2007, 04:34 PM
- - ani_bester   QUOTEThere is no copywrite on wizards, magic, or c...   Jan 19 2008, 03:46 PM
- - Tom Scribble   There are some people who collect artists' wor...   Jan 25 2008, 08:41 PM
- - ani_bester   QUOTEThere are some people who collect artists...   Jan 28 2008, 01:00 AM
- - Read2my3   QUOTEIn any case, I tend to oscillate between bein...   Feb 5 2008, 04:07 PM

 

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