Sta.sh
Fave this journal (it will be your number)
Watch me IF you like my art~ ;v;
Theme
.
this journal 
.......... The design MUST HAVE ONLY 2 COLORS; BLACK AND WHITE
I feel kind of silly for asking this in the first place and will probably delete this journal once I have a satisfactory answer, but here goes!
Lots of people on DA (heck, everywhere) sell works containing characters that don't belong to them. From novice artists to well-known professionals, I've seen galleries full of selling custom Pokemon/character plushies, or drawing fanart for conventions, which are then advertised as being available as prints at said conventions. This never struck me as, well... entirely legal? So what's the deal? Where's the line between "okay" and "you might get sued"? Or is everyone just taking a risk?
Thanks, I've been curious about this for awhile and don't want to make a wrong move. >>
| Deviant Login | Shop | Join deviantART for FREE  |
Take the Tour  |
Caring 
If I may propose a theory, there seems to be a fine balance in the area of copyrights and intellectual properties. Any industry with characters, trademarks, logos, and other items use these images to identify their "brand"- or personal identity. These marketing strategies are used to differentiate the company from it competitors. Naturally, any violation of that copyright would infringe upon their profit margins and ability to remain competitive to its market of consumers.
In the case of the entertainment industry, the violation of copyrights comes directly from its consumers. Quite a unique bit of irony. For example, if you were Nintendo's legal representative, how would you go about resolving the issue?
-The truth is you really have no viable option for any compensatory measures. Any recourse brought upon by the company will directly affect the public's perception of the company and create negative public relations.
From a practical standpoint, technology nowadays has made it virtually impossible to target those who distribute copyright works for a profit. Cyber-laws within the US are far behind the capabilities of regulating modern technology. Though for the instances in where people make a profit for their fan-made artwork at conventions, I would imagine there to be some sort of royalty agreement with the company whose intellectual property they are marketing.
In any case, fan-based reproduction or alterations of any company's copyright materials is a positive on its own. From what I can recall my marketing professor saying, "free marketing is the best kind of marketing."
Anyway, I may have provided explanations instead of actually answering your questions. My apologies. Although you can be certain that there will always be risks involved when selling copyright material or claiming another person's artwork as their own. The only side with the lowest amount of risk seems to be reproducing or altering intellectual property without gaining a profit.
Besides, where would all your Okami fans be without your unique renditions of Ammy?
I hope that helps! ^_^
[link]
X3
And thats absolutely not stupid question, rather interesting because myself I'm not sure what's going.. especialy mass selling on conventions and i BET creators do know about cons but never bring it up on court?
Well, I shall do journal like that on my page and ask known anime artists who would give more answers about this.. im for the most curious about conventions.
(Also I'll be interested to see more human drawings from you... you've gone on so many crazy adventures, I'd think they would be great subjects for art
(Aww, thankyous!
(Of course I do! XD And I have so much respect for people who can draw humans well. Especially poses and hands... they are sooo hard!