Yeah, I'd be curious to learn about copy-right laws on the issue. I'm not sure exactly how I feel about it, but deep down, I think like it's likely wrong. If fic writers are prohibited from profitting off of their fiction that uses the author's characters, why should an artist be able to profit? On top of that, why should an artist charge literally hundreds of dollars to people for work that isn't, technically, their own.
I can understand comissioning the artist to paint a picture not related to fandom.
Out of curiousity, what are the things that fanartists need to adhere to to make what they do legal? I have no idea!
As for would I suggest that all fan artists cease taking commissions... I think I would waver somewhere between and emphatic "yes", and a "maybe" with the maybe meaning that if a person must charge, they charge for a. supplies, and they supply a receipt, and b. for postage if it's mailed.
I just cannot get behind someone charging hundreds of dollars for another person to have their work, when they are directly profitting off of the work of another.
I think the main problem that I see with fandom related art is that the artists appear so full of themselves, and so completely unappreciative of the fact that these characters and situations that they are drawing, really are not their own. The fanbase that they have and the fanbase that they are selling to comes from ANOTHER PERSON (ie, JKR), and thus they are profitting off of her. I imagine if said artist just posted random fics on LJ or Ebay, the would not command nearly what they are commanding for them as "Harry Potter" art.
I think it depends. If its just kept within a fandom, and its sort of like fics, then its all right. Because the artist can argue that the person paying for the art isn't paying for the art itself, but the man hours and the paint etc. That the characters don't have anything to do with it.
Now, I'm now lawyer, nor do I particuarly know anything about the law - US or any other really - so I'm not sure it'd work.
However, I really don't think it'd work if someone took a HP art and tried to sell it in RL in the sense that he/she went to a gallery and did whatever it is that one does in order to get said gallery to want to have the image in their well, gallery. :P
But yeah. Tired + Sick = Nonsense. :P
Basically, if its kept online between fans, I don't think it'll be the same.
Also, I think it'd be different if JKR did HP art herself and sold it. I think then it wouldn't be as acceptable for artists to well, do HP art and sell.
I completely understand the point about time and materials... but could that same point not be argued regarding fanfic as well? You spend time, you use your internet connection/computer, etc, and that all costs money.
I think that it is kept within fandom but people actually PAY for the art and it gets sent to them.
I honestly don't understand the whole paying for art either. I mean, hey, sure, if you want to spend your money on a piece of art, find, that's your choice, but I rather use my money for something else.
Most of these artists I've found aren't actually all that good, and only get so much fame because they paint/draw people's fav HP characters.
And yeah, I think it could. But, I think so far only the whole writing fanfics and selling it being illegal while fanart isn't, is because fanart is still - as far as I know - a relatively new thing. At least selling it. I'm sure in a few years, it'll be just as illegal to sell HP art as it is to sell HP fanfics.
I've got to go with reetinkerbell on this one. I think it's one of those things that is currently on such a small scale (not fan art, but the idea of making a profit on it)that it's not being bothered with. But if it explodes and becomes a marketable thing, then I think you are going to see it getting cracked down on. Though I'm not sure how that works. The characters *are* JKR's but does she own the rights to any images of them? It'd be interesting to see what an expert in copyright law would say.
Seriously though...saying that the art is only paying for your materials and stuff doesn't cut it. If you are making a profit on the artwork, then you can't make that claim. And I don't know of anyone who spends $200 on materials to draw or paint a picture. If you try and factor their time into it, you circle back around to the fact that time is not commodity and therefore it's hard to place a value on it. So...what constitutes "making a profit"
I think the idea of people getting paid for fic is utterly ridiculous. If someone wanted to donate money to a fanfic author for whatever reason (e.g., keeping an archive open), that might be okay. But not to flat out pay for fic - since it's based on someone else's original work. Art, on the other hand, I have no idea about. I could see where one would pay for it, if it were good enough, perhaps - but still.
Then again, people will waste money what they will waste money on, y'know? That particular wank just surprised the hell outta me - the fact that they could raise nearly $7k on HP art alone? Staggering!
I can see what you mean about donating money to keep an archive open as in "it costs $200/year to operate this archive, can people donate to it", but that's not really paying for the fic itself.
I was actually reading that people were paying like $400 for the art (two pieces). The money was going to Tsunami Relief so it's amazing that people were so generous and I can see the appeal of getting art in exchange... but still!
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I can understand comissioning the artist to paint a picture not related to fandom.
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As for would I suggest that all fan artists cease taking commissions... I think I would waver somewhere between and emphatic "yes", and a "maybe" with the maybe meaning that if a person must charge, they charge for a. supplies, and they supply a receipt, and b. for postage if it's mailed.
I just cannot get behind someone charging hundreds of dollars for another person to have their work, when they are directly profitting off of the work of another.
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Now, I'm now lawyer, nor do I particuarly know anything about the law - US or any other really - so I'm not sure it'd work.
However, I really don't think it'd work if someone took a HP art and tried to sell it in RL in the sense that he/she went to a gallery and did whatever it is that one does in order to get said gallery to want to have the image in their well, gallery. :P
But yeah. Tired + Sick = Nonsense. :P
Basically, if its kept online between fans, I don't think it'll be the same.
Also, I think it'd be different if JKR did HP art herself and sold it. I think then it wouldn't be as acceptable for artists to well, do HP art and sell.
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I completely understand the point about time and materials... but could that same point not be argued regarding fanfic as well? You spend time, you use your internet connection/computer, etc, and that all costs money.
I think that it is kept within fandom but people actually PAY for the art and it gets sent to them.
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Most of these artists I've found aren't actually all that good, and only get so much fame because they paint/draw people's fav HP characters.
And yeah, I think it could. But, I think so far only the whole writing fanfics and selling it being illegal while fanart isn't, is because fanart is still - as far as I know - a relatively new thing. At least selling it. I'm sure in a few years, it'll be just as illegal to sell HP art as it is to sell HP fanfics.
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Seriously though...saying that the art is only paying for your materials and stuff doesn't cut it. If you are making a profit on the artwork, then you can't make that claim. And I don't know of anyone who spends $200 on materials to draw or paint a picture. If you try and factor their time into it, you circle back around to the fact that time is not commodity and therefore it's hard to place a value on it. So...what constitutes "making a profit"
I'm done rambling now!
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Then again, people will waste money what they will waste money on, y'know? That particular wank just surprised the hell outta me - the fact that they could raise nearly $7k on HP art alone? Staggering!
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I was actually reading that people were paying like $400 for the art (two pieces). The money was going to Tsunami Relief so it's amazing that people were so generous and I can see the appeal of getting art in exchange... but still!
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