copy right

[LetsPartyCupcake]

So I am hoping someone knows the answer to this.  I recently purchased some digi art from an artist.  They are hand drawn figures of super heros.  Would this be considered breaking copyright rules? They are spiderman, the hulk etc?  Hopefully someone can get back to me.  Thanks  

[Woodsparkle]

Try doing a google search for "copyright rules fan art" .  You should see some info.

[designbcb]

it depends. are you asking if it was breaking the rules to buy them or to sell them? 

[LetsPartyCupcake]

Sell them I guess. I don't want to break any copyright laws.  I have a couple in my shop and it dawned on me that it might be illegal.  

[BigDogLadysJools]

As far as I'm aware, fan art is OK to make and use for yourself or friends, but when it comes to selling it for profit, I'm not sure it's allowed, (unless it's unaltered vintage items, as old Star Wars toys, and then it's OK, but that wouldn't be fan art, sorry I need more coffee).  I'd check with copyright authorities before listing anything like this.

Best wishes, 

[Woodsparkle]

Here is a tiny bit of info from the search I mentioned above...( copied and pasted )

"The laws say you are not allowed to profit off of someone's copyrighted characters. ... The only way you can be sure is if you have written permission from the copyright holder. They can still go after you if you are creating derivative works from copyrighted characters."

I am not a lawyer nor do I play one on TV. 😊 You will see many shops that do it but many shops get taken down too. 

[kitfreeman]

If someone looks at it and automatically thinks Wonder Woman, then it is infringement if you sell it. 

[LetsPartyCupcake]

Thanks for your help.  I took down the characters.  I always tell people no when they ask if I will make Disney characters or anything that I know is a copyright.  For some reason I thought that if it was drawn it wouldn't be copyright.  Not worth the chance for sure.  Thanks everyone for the help.

[iDoDiY]

I've worked in publishing, wrote and now I do digital art so I'm familiar with what can and can't be done.  Not only is it copyright infringement, there's a question of trademarks also.  The companies who own these are usually fiercely protective and like to set "examples" so IMHO, it's not worth taking a risk.  Hopes this helps.

[LetsPartyCupcake]

Thank you iDoDiY I ttry to only use art that I have permission to use.  I really would love to make Disney items but it is something that I always turn down.  I would never sell something that I know is against the law.  

[9ElizabethStreet]

If you can draw that well, why not make your own "superheroes"? You could probably get a lot of interest if you did superhero themes that are of interest to your customer base (The Alphabetizer; Numbers Cruncher), or even custom superhero caricatures of their kids (from photo).