[ SECRET POST #2651 ]

[case]

⌈ Secret Post #2651 ⌋

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

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Notes:

Secrets Left to Post: 03 pages, 051 secrets from Secret Submission Post #379.
Secrets Not Posted: [ 0 - broken links ], [ 0 - not!secrets ], [ 0 - not!fandom ], [ 0 - too big ], [ 1 2 - repeat ].
Current Secret Submissions Post: here.
Suggestions, comments, and concerns should go here.

Comments

[(Anonymous)]

sa

Also, I know that some conventions ban selling fanart, I assume for the legal gray area (or totally black, depending). I have a friend who sells fanart, and at those conventions she's only allowed to sell her original art.

So yeah. Pretty sure it's technically illegal, but companies probably won't care. Then again, they might. Depends on how much business sense they have. :P

[(Anonymous)]

For many of the big companies, this is pretty true. Marvel and DC don't generally care about the fanart--they could crack down on it, but they don't want to because it would really seriously eff up a lot of things in a small industry. But if someone were selling a written story or a fan-comic, they would crack down hard like hell.

I think a big part of that is wanting to maintain control of their characters. They tell a lot of different Spider-man stories, but all of those stories are theirs. They get to say whose stories are legit. They have control over that. If someone sells "Spider-man and Deadpool: Forbidden Love" the prose fic or fancomic at a convention...it's a story. It's the sort of thing they sell. That they have zero control over.

From that point it is a very slippery slope, legally, to not having any control over their characters whatsoever. Then EVERYONE can write themselves a Spider-man comic or novel and sell that for money and not have to give Marvel a dime for the pleasure, because hey, y'all didn't take action that first time.

It's a legal muddle. The sort of thing that maybe it wouldn't happen, but on a technical and legal level, it isn't too far from : "person not employed by Marvel sells their Spider-man story for money" to "and now Spider-man is a creative commons character." And they don't want that.

And in general, fans don't want the big companies to crack down and take all the toys away, so they toe the line.

[(Anonymous)]

The BBC will sue. They are very litigious. If they know about stuff. There was a woman knitting little adipose toys, they took her to court and made her stop.

I think it depends on the companies and also if they know. Even if their merchandise is at a convention they may not realise there's fan art being sold I guess.