[ SECRET POST #2868 ]

[case]

⌈ Secret Post #2868 ⌋

Warning: Some secrets are NOT worksafe and may contain SPOILERS.

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Notes:

Secrets Left to Post: 03 pages, 075 secrets from Secret Submission Post #410.
Secrets Not Posted: [ 0 - broken links ], [ 0 - not!secrets ], [ 0 - not!fandom ], [ 0 - too big ], [ 0 - repeat ].
Current Secret Submissions Post: here.
Suggestions, comments, and concerns should go here.

Comments

[(Anonymous)]

I think they're both... legal gray areas at best. Okay, more like blatantly illegal.

But I do see it as more excusable to to sell a physical copy of fanart, at say, a convention. The justification being, it's the cost of print and supplies, not the cost of the actual art. Whereas a digital copy would have no print cost, whether fanfiction or fanart, so seriously is illegal.

The only thing I could think that would make it legally permissible is if it were a private transaction between friends for private use. Setting up a pseudo business to get commissions from around the Internet definitely wouldn't qualify.

[(Anonymous)]

I don't buy the cost of supplies argument. Maybe if the artist was actually selling their work literally "at cost"... but they rarely are, are they?

[(Anonymous)]

DA

Nor do I. Especially since most artists I've seen who offer commissions draw the art on tablets, already have their tablets that they use to draw with.

[(Anonymous)]

Exactly. If I'm making cookies for a bake sale, I don't add up the total cost of all the ingredients. I try to figure out the cost of the actual amount of ingredients used in the batch. For example, a 5 lb. bag of flour might cost $2.50, but I didn't use the whole bag in the cookies. Ditto a bottle of vanilla extract vs the 2 tsp. used. Or the cost of a dozen eggs vs. the cost of 1 egg. And I don't include the cost of the Kitchenaid mixer I used.

[(Anonymous)]

But if you were a professional cookie manufacturer you'd have to add in the cost of that mixer, as well as rent and electricity and the cost of training, plus interest on the loans you bought everything with.

Not everything goes by bake sale economics. Rather poor example.

[(Anonymous)]

I would, but that cost would be divided up over time and over all the product I'd be selling, roughly calculated so that the cost of the usage to create that product would be included. In other words, I wouldn't expect one batch of cookies to cover the cost for one whole Kitchenaid mixer, which is what I said.

So it's actually a pretty good example, except that you missed the point.

[(Anonymous)]

Actually if you were a professional cookie manufacturer you would most likely offset most of those expenses against tax, so you wouldn't be charging your customers for them anyway.

I'm self empployed and even things like using part of my house's heating bill to heat my office can be claimed as a work expense so I don't pass that bill onto my clients.

[(Anonymous)]

Well, no. Though they are also standing around manning a booth all weekend, to be fair. Some labor cost there, surely.

Even though I don't think it necessarily justifies selling a fanwork, there's at least some basis there that doesn't exist with selling digital art or fanfiction (unless you hypothetically printed and bound a fanfic to sell at a con, I suppose)

[(Anonymous)]

Tell you what

Let's just disregard all talent, time, and effort put into fanworks and focus entirely on physical materials, because that's how you price crafts in the real world.

...oh, wait, you don't.

[(Anonymous)]

Course not. But you're talking about fanworks. Not crafts. Fanworks use, by definition, things that don't belong to you, things you shouldn't have the right to profit on. Cost of print is the only somewhat vaguely legitimate argument for selling a fanwork I've ever heard.

[solticisekf]

well, the tablet pen's end needs changing if it's used a lot. So there's that.