I am a big fan of the Orange is the new black series.
I have been researching wether or not it is legal to make
fan art of this, but I can not see that it is illegal.However, after
careful consideration I decided NOT to publish the Orange
is the new black-fanart on my blog.
Why? Becouse it may be illegal.
I have heard many discussions about fan art.
Some say that you can do what you want, becouse everybody
else does it. WRONG.
Somebody else owns everything that is on the internet, and
of course the caracthers in movies, books, etc.
There's nothing wrong about drawing another one's carachter
from a movie, a comic book etc. -as long as it is in your
sketchbook only.
The moment you make any kind of profit from it, it may be
considered that you are doing something illegal.
However, there are some exeptions. For example, if the
carachter in question such as Cinderella, the carachter does not
belong to Disney becouse Disney didn't acutally create the
carachter Cinderella.Cinderella is an italian folk tale that later
appeared in the Grimms' Fairy Tales.
I would recommend that you research what kind of laws
that applies to the carachter, if you are thinking of drawing
something and do not know if it's actually okay or you
could be facing a lawsuit.
In Norway, I beth many are not aware of that you could get
fines for breaking the copyright law and in serious cases,
you can actually be facing until tree months of jail.
I clarify that I do not know of any cases here in Norway which
has actually been punished so strict, but it is also important
to remember
-Who can see my fan art? Is it a big risk if someone
from for example the Disney company can see it?
-Is the image I'm making, actually violating anyone's rights?
-Can the image I'm making, be considered offensive?
I'm in a group called Gruppa for tegneglade (The group for
people who like to draw in english;) on Facebook, and I see
that people are breaking copyright laws ALL the time.
I think it's really annoying. People are very good at
writing something like; "I found this picture from Google
and I drew it.! AAAH! ;);)
Google is a search engine.Google
does not own or didn't make the painting or photograph.
You should always research if you want to make a painting
after a photograph or other, and ask before you post something
or worse, are trying to sell it.
I recommend reading these articles
http://chrisoatley.com/fan-art/
https://www.plagiarismtoday.com/2010/05/13/the-messy-world-of-fan-art-and- copyright/
I admit I have made fan art before, but after reading about
what could happen I try so stay away from making fan art,
unless it's just in my living room and for no one to see exept me.
I have, however never sold a piece of fan art in my life
and I have still been able to get comissions or sold pieces from
my original work.
I'm saying this becouse I have also read the myth
"Making fan art may lead to work that actually gives money".
But if you're making fan-art, yes, the drawing is yours
but you do not own the caracther, therefore it is not really
your work.
I Gotta say, I belive that if you are a really good artist
and you have passion for what you do, you do not need
to make fan art to sell your art. Your art will sell itself.
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