Are fan art commissions legal?

The main issue with selling fan art commissions is not only that they are illegal, it is that the creation of fan art can hurt the sales of officially sanctioned and licensed merchandise. The illegal part is not paying royalties or asking permission.

Is drawing Mickey Mouse illegal?

Disney’s characters are copyrighted. You can’t use a drawing of Mickey Mouse and sell it on a mug, unless you have authorized consent to distribute the image. Disney has a reputation for being ruthless about protecting its intellectual property (example stories of folks getting sued here and here).

Is Mickey Mouse image copyrighted?

Disney owns trademark rights to Mickey Mouse, which don’t expire in the way that copyright does.

Are commissions illegal?

In many industries, salespeople earn a living thanks to commissions, which can often get characterized as kickbacks. In short, a kickback is illegal when there is a law prohibiting it, or similar conduct. These will often exist in the context of consumer protection laws, as well as government funding.

Is Mickey Mouse a trademark or a copyright?

As previously mentioned, the original copyright for Mickey Mouse dates back to 1928 with the release of Steamboat Willie. Since then, Mickey Mouse has become trademarked, since it has acquired distinctiveness and has come to be a strong source indicator for Disney.

Should Mickey Mouse be in the public domain?

Mickey Mouse specifically, having first appeared in 1928, will be in a public domain work in 2024 or afterward (depending on the date of the product)….Copyright Term Extension Act.

Is it legal for comic artists to create fan art?

The ability to create fan art is vital to comic artists both as a means of practicing to improve skill, but also to make money at conventions by drawing commissions for fans. The practice is common, but is it legal? The short answer is a qualified maybe, which is about as good as you can get from a lawyer without specific facts.

Is DC fan art considered copyright infringement?

Fan art can be considered a derivative work, therefore most fan art is an infringement of DC’s copyright. BUT, copyright law has a doctrine called “fair use” that (in the name of free speech) protects certain uses that would otherwise be an infringement.

Do DC artist’s lose 2-1 on licensing fan art?

Economic impact would also not favor the artist, as DC could argue that the $60 the fan put down on the fan art could have instead gone towards the purchase of a licensed poster. The factors are not merely added up, however, so artist’s don’t lose 2-1.

Does fan art benefit the artist or the character?

A good piece of fan art is very transformative, giving us a new vision of a familiar character, so that factor could benefit the artist. The amount taken would probably not favor the artist, because one of the considerations is if the “core” elements are copied, which most fan art does.

https://www.youtube.com/watch?v=xxlSnTlD0Is