Who knows the answer to my question?

[aruarian_dancer]

I just saw this post over at the fandom created stuff community on LJ about a sale of keychains with chibi version of the character (not her original character, mind you) by a fanartist.

My simple question is "Isn't that illegal?"

I mean, they may not come after you for selling a keychain for $4 a pop here and there, but in principle, to sell a

Comments

[neocloud9]

Yeah, I almost bought one before I noticed that they were fanmade.

To be honest, it does seem a bit like taking advantage of a series' popularity. But that's never stopped Artists' Alleys from popping up at conventions worldwide. I seem to remember Chicks on Anime discussing this a while back. Lemme see if I can find that article...

[neocloud9]

Ah. Here it is.

[aruarian_dancer]

I am starting to hear that many anime conventions are starting to crack down on artist's alleys, and in some cases, just going ahead and doing without them, which sounds a bit radical...

Thanks for your help.

[neocloud9]

Looks like people are usually okay with fanartists making a profit from individual commissions, but mass-production tends to be frowned upon. But it doesn't seem like anyone's taken legal action as of yet...

[laurabryannan]

Yes, it's illegal. Is it likely the Japanese company owning the series will come after you? No. However, if the series is licensed here in the U.S., that company might send you a Cease and Desist. However, I have not personally known of an artist receiving money for fanart ever hearing from a U.S. distributor.

[aruarian_dancer]

I thought so.

Thanks for your input, Laura.

[mysocalledhell]

about the artists alleys at cons ... only have the original of something for sale is a decent idea (Messa did it last year at Acen with one piece and still sold it .... to my roommate) but if it's good, everyone wants one and really, in this world, who can pass up money like that? I've also seen artists go into AA with ORIGINAL art (their own stuff, their own characters, etc) and unless they've managed to build up a fan base on the internet, they hardly sell anything. people go into AA for the pretty fanart. people go nuts over it and most don't really care if it's legal or not. heck, I've seen some stuff that it's a shame that it's not legal cause it's absolutely gorgeous art. then again, it's also a shame that they don't venture off into their own characters. these people have enough of a fan base that they could still go to an AA and sell their work, but then you'll have people asking where the print of Gojyo with his pants unbuttoned and a little unzipped and that little bit of red fuzz is showing has gone ...and, well, you

[hidden_gems]

It's interesting to read what people have to say on the subject because I've always had trouble about fanartists being able to make money off their stuff in the first place.

[aruarian_dancer]

Exactly. Just because "people want it at the con" and "they're popular", it doesn't make it legal or ethical. I'm starting to get the impression that this issue is only "grey" because of its apparent difficulty of enforcing the law and the practicality and finance of it all.

There are a lot of people discussing this all over the internet saying, "doind it and getting caught are two different things". *sigh*

[hidden_gems]

There are a lot of people discussing this all over the internet saying, "doind it and getting caught are two different things".

True, true, but with my luck I'd end up as the one getting caught ^_^;

[aruarian_dancer]

That's exactly how I feel about my luck... (or lack thereof). XD

I'm also wondering if people who don't/can't draw even think about this issue at all? I mean, it's relevant and somewhat of interest to us, but those fans that are buying the fanmade stuff at cons probably don't give a #@$% about any of this maybe?

In my mind, the buyers are just as guilty as the sellers of illegal goods, just like druggies are just as guilty as drug dealers, and johns are just as guilty as pimps...lol

[keelieinblack]

There's also the fact that a lot of the people doing this aren't making much profit, if any at all. For every person who's managed to turn their mass-produced fanart prints or keychains or whatever into a proper business, there's probably 500 people who barely manage to break even on the costs of convention fees and printing and drawing/construction materials. Not that this makes it any less illegal, of course, but going after people like that is inevitably going to be a waste of money and effort, and rile up the overall fanbase as well.

I was surprised that roundtable article neocloud9 linked to didn't mention the Doraemon doujinshi incident--that sold something like 13,000 copies, which was more than enough for Shogakukan to step in and say, "no, you are going to stop selling this now

[aruarian_dancer]

Yep, why waste precious resource going after smalltimers under the radar... I was wondering about the legality of it, not necessarily "can you get away with it"? XD

Sadly, it comes down to "doing it and getting caught are two different things" mentality.

Now, it makes me wonder just how good the Doraemon doujinshi was! lol