So I have a question...
If I make a drawing of a character from the show, can I put a Copyright stamp on the drawing?
I have seen millions on DeviantART doing that, but if I do that, will it get me into trouble?
Cuz I really don't want people to take my drawings and say "hey, look what I made".
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I think you can idk thought.
Yes, you should. Your work is your work, and I just hate it when someone takes something from someone and says "Hey, look at what I did!" when someone else took the time and effort into creating it. And why would you get in trouble? You can't get in trouble for trying to say your work is your work. My advice? Think of a symbol that is unique to YOU and you alone, something that you think adequately fits who you are, and put that symbol on your work, showing everyone that the artwork is your property.
1992184 Ok, well I don't know how to put a symbol on my drawings, I just know how to put my name there in paint pretty much
1992229 The same way you'd put your name on them. Just make it unique, interesting, and meaning you, and put it on the picture, or dazzle your name up a bit, make it seem to take up as much space as the picture itself.
1992233 Something that would fit my sister, in my opinion, would be the tiny face of an incredibly pissed off cat with her name encircling it!
1992233 I just wrote my first name and last name with @ between the names :S
1992257
1992284 LU!
No law against putting your name or whatever on a drawing you made. It's really only an issue if you're trying to sell it or the copyright holder tells you to stop. Fan works are in this weird legal space where neither the creator nor the copyright holder has the right to profit off of it unless they both agree, which doesn't happen a whole lot for a number of reasons.
All of which is kind of academic in your case seeing as you live in Sweden and I very much doubt Hasbro is interested in siccing their lawyers on you.
So yeah, nothing stopping you from signing your name or something in the corner of the picture.
1992289 So you are saying that everyone that does commissions are thiefs since they didn't ask the creator of the show if they can sell their art?
That would mean thousands of people are thiefs xD
1992321 Copyright infringement is not theft?
And yes, technically. Sort of. It's poorly enforced, but if Hasbro decided they wanted a fanart creator to stop selling art of their characters they'd be totally within their rights to do so.
Under American law anyway. Which again doesn't really fucking matter a whole lot in your case.
Alright, this is purely speculative but I think without being a copyright lawyer pretty much all opinions are opinions at this point
(and even when it comes to being a professional things are often murky and up in the air).
It depends and you have to be careful with the exact way that it's written. After all, you don't own the copyright to the characters themselves and the style is the same as the show so you're technically infringing on Hasbro's trademark. It's just a law that is rarely enforced and has a lot of loopholes around regarding its intent and purpose (If you're doing it for fun, it's typically looked on different from if you're trying to make a profit.) However, that is the U.S. system and thus, it's just one of many. It may, or may not, apply to you depending on the exact usage (not because you're not American, but because Deviant Art is. If memory serves it's stated in the End User License Agreement that in the case of dispute it counts under U.S. Law. However, that only applies so long as both parties are part of Deviant Art or if both parties are in that particular district. Most national courts will have different laws which conflict or would simply toss out a U.S. claim, so precedence is as murky as lake Ontario
).
The drawings are pretty close to the show and they're not being used in an ironic, parody, or other artistic transformative way which is the usual caveat for the transformative clause on U.S. Copyright. Special exceptions in the U.S. system is given to Fair Use which can come from cataloguing purposes, thumbnails, and transformative works of art derivative of the original (yours would be considered derivative to the original Faust works and thus someone using yours is classified the same way). However, when it comes to enforcement and making that call, it's for the judge to decide and it's honestly a messy-messy world for that
.
My opinion, be careful when it comes to the disclaimer. The art might be yours, the lines, the work, etc, but you don't own the characters and it's already a slippery slope. I think I'd probably recommend keeping your signature so it remains your art without infringing on the copyright or intellectual property rights of the creating body (which I think Lauren Faust didn't retain, but the trademark is certainly Hasbro's). So if it's just a straight rip off of your work then they're probably not going to have a lot of leverage.
Just remember, if someone is using your work in a different, wholly individual transformative way to make some statement... it might be worth it to give them the benefit of the doubt too as it's essentially the same spirit as fan-work is allowed to exist in the first place. It can certainly hurt at the time (believe me, I know full well on that one
) but really the golden rule applies: do unto others.
As for fan art commissions... really murky again: if it uses a copyrighted/trademarked character, place, etc, then it's definitely 'theft' (I've never liked the term) unless it's licensed. But if it's just 'of the style' and an original character it's probably okay.
I do love your work, I'm just trying to be fair.
1992617
"As for fan art commissions... really murky again: if it uses a copyrighted/trademarked character, place, etc, then it's definitely 'theft' (I've never liked the term) unless it's licensed. But if it's just 'of the style' and an original character it's probably okay. "
It's not theft. Copyright infringement and theft are two completely different things and conflating them is not doing anything good
1994132 Rightly said, I concede that, and apologize as you're quite right. I unclearly worded it with the use of quotations; it was merely fitting the type of question about 'art theft' without having to actually define the difference. As I was kinda' trying to get at, I don't like the term, neither do I support it, but it is the commonly given phrase. I'll try not to proliferate it in the future.
So yes, it's not theft, it's 'theft' only in the pejorative phrase that a lot of people use for the term. The more commonly cited 'art theft' phrase really isn't theft until you've actually removed the item, tucked it under your arm, and ran away with it. At best they could try to go after it as 'loss of earnings'. My apologies, I should have been more clear. It's infringement.
The point was more that profiting from commissions based on other's intellectual property is typically illegal (jurisdiction pending) but not often enforced. It certainly can be though, if there aren't specific exceptions made for fair use, though commission for profit typically isn't typical of fair use. Depending on commission usage it can be fairly serious to engage in (from what I understand, typically less so with copyrights and more so with trademarks given trademark dilution law).
1992283 Ahh.....
1994151 This is just confusing...if making a drawing of a charater that exsists and sell it is wrong then writing about a character that is already "own" should be wrong too if you sell it to someone...
I know people that has sold their stories to friends and family, that should be wrong then.
I just wanted a simple anser to my question