illegal fanart?

[Zzz]

So I’ve been thinkin about takin comissions every now and then to afford me a graphics tablet.

Now I’ve seen A LOT of artists making money off of their fanart. Isn’t that illegal?!

(I just don’t wanna take the risk because of my movie. Might get a little TOO much attention, eh? Yet, I could use some money, since I’m broke…)

[YJH1995]

i am not so sure about most of it

but what am i sure is that if it is very original, then it's not illegal ;

if it contain other trademark it is illegal

[DoctorAllosaurus]

I've always seen it as a gray area myself because loads of people do it and never get told to stop.

I'd say just do what you think is right.

[Zzz]

I'd say just do what you think is right.

Kinda sounds like

You in it for the money?

Or in it for the love?

Aw man... I'm not sure....

[Scott7]

Fanart really only counts as copyright if you try to make money off of it, Eg: If you make a render of a Character thought up by somebody else, Like Krystal for example and claim you created the Actual Charecter herself and then try to professionally make money off of it then yes.

[Zzz]

So in my case.... it would be ok to take money for comissions? I mean I'm not professional or anything

[Hatsworth III]

well, i think donations aren't wrong, but selling works with other trademark without permission is a crime. no coolface can save you when a real crime happens.

(I just don’t wanna take the risk because of my movie. Might get a little TOO much attention, eh? Yet, I could use some money, since I’m broke…)

try to use the attention to get donations for your job! that will help without breaking the law!

[Zzz]

Donations? Oh I dunno. I mean with comissions I can at least give something back.

If I invest the money that I collect from donations on a tablet it wouldn’t really make that much sense coz I draw every pic on the storyboard with pencils.

[Redeemer]

I think it's okay to do this only if you tell the others who is the original creator to the characters.

I second this, you can draw the characters but you MUST say who the characters belong to e.g. Link belongs to Nintendo, and then state the game/anime the characters are from. Then Just say something like "This is merely fanart. I do not own these characters nor did I create them."

[sjrathbun812]

I'm not exactly sure....But I THINK what Redeemer says is true...Maybe...I mean, YOU created the fanart so I think YOU can get payed, as long as you say that Nintendo made the original characters or Sony made them, etc.

[Kursed]

I'm so iffy on this I even  try to post credits on just  one of my gmod pics on my deviant art the only picture i've posted...

[Sarita]

You cant help what commissioners want you to draw. If you aren't comfortable drawing copyrighted characters, you can specify that in your rules for commissioning. They'll either pester you about it, and reduce the likelihood you'll do their commission anyways, or they'll just move on. Sure, you'll make some extra money if you don't mind doing copyrighted characters, but you're the artist, and it's up to you what you draw.

Taking commissions doesn't mean you have to draw everything people tell you to just because they're willing to pay you.

[Zzz]

Well actually I DO wanna draw copyrighted characters 

thanks for all the info guys

[DZComposer]

I wouldn't sell your movie. That's what got that Zelda fanfilm in legal trouble a couple of years ago.

I doubt Nintendo would sue you if you did some commission fanart, but it is within their right to (in the US, at least) if they wanted to be anal about it.

The 100% no-sue route is to only take commissions of people's original characters.

[Drasiana]

Fanart commissions make money all the time, at comic conventions, and often from professional artists. Just so long as it's clarified as FAN ART I think you should be fine.