[ 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)]

It's a double standard but it's not just because someone decided not to go after fanart. Fanart doesn't just get by because it's just one piece of art while fanfiction is a big long work; that isn't it. It's because art is liberally and legally open to interpretation (that picture just shows an unnamed little red-haired girl staring at an old-fashioned blue London police box), while prose commits the names of characters and elements of the universe to your work quite literally in black and white.

One can still gripe about the double standard, though.

[(Anonymous)]

It's because art is liberally and legally open to interpretation (that picture just shows an unnamed little red-haired girl staring at an old-fashioned blue London police box)

Ahahahahahaha no. That is not how trademarks work. Stupid argument is stupid.

DA

[(Anonymous)]

Whether trademark works that way or not, I've seen fanartists get away with selling their fanart at conventions that restricted or outright BANNED fanart in their artist alleys before for exactly the reason AYRT describes. Pretty much as long as the character's name was not on the picture it was "a matter of interpretation" in the eyes of the convention staff, which annoyed artists who had brought only original art with them, which didn't sell as well as the fandom-related stuff.

For the record I'm not really against selling either fanfiction or fanart, but when things like what I described above happen, it does piss me off a little bit.

Re: DA

[(Anonymous)]

Then that particular convention's staff are idiots because that's a ridiculous justification. Fully recognizable characters -- trademarks -- are not "a matter of interpretation, legally." If you are using a trademark that doesn't belong to you (and especially if you're making money off it!), your ass is grass if that trademark's holders find out and feel like suing. Period, end.

Ironically? There is more leeway with fanfiction because it's a lot harder to trademark a character's name than their likeness.