Hello! :) Perhaps someone can help me out with this question...

Am I legally able to sell an original illustration/artwork (that I created) of a character or title that I don't own? In other words, is it legal to make money from fan art?

For example: Could I submit an illustration of a character in an upcoming videogame to a games magazine for them to potentially use as a cover? Or would I need to get permission from the original owner of that character/title first.

Thanks, any help is much appreciated :)
 

I'm pretty sure that in that case the issue of legality would rest with the publishers of the magazine.

There are different legal issues when something is used for review or preview purposes (which, I guess, covers most uses of artwork in a games magazine) than if you were making money by selling something featuring someone else's copyrighted character (prints, for example).

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Yes, I think context plays an important part. I suppose you might ask yourself why the owners of the character or the original artist are not being asked to provide artwork if that particular character is needed for the cover. Do they charge too much or are they too busy (the latter usually effects the former)? In which case they might not be pleased if an artist is found who will possibly copy for less money (or for free!).

This might not be the case for you, of course. As mentioned, if you are highlighting a product, a review or whatever, then it might be different and the best course of action would be to talk to the magazine editor and make sure it's their decision and that they seek the necessary permission. If there is any trouble, you want to make sure that someone else will foot the bill if it comes to the worst.

"Gallery" work might be different and if you are the one being highlighted then it seems to me that you should be ok, especially of you are not making any money from it. It would be the magazine's responsibility. But if fan art on the cover creates a problem for the magazine then you are not doing yourself any favours by submitting it for "potential use on the cover".

Hmm, some really good points here. I think either way I would want to contact the publisher/editor first to clarify beforehand.

In this case I think it would only be appropriate if the artist was bringing something new to highlight the product. There would be no use in simply copying the existing style of the product/character/game and trying to make money from that... For example the look of a particular game might be very photo-realistic but not so interesting from an 'artistic' point of view. Illustrating such a product in a more exciting, artistic style might highlight and draw more attention to the product. Especially in the print format, where you can't show the movement that is such an important part of a game... Just a thought.

Thanks guys, I really appreciate the advice! :)
 

I believe it's technically illegal to sell fanart, yes. However, if it's a game magazine and the magazine publishers have the rights to use copyrighted characters.... it might be somewhat more acceptable? I know magazines publish fanart all the time-- but then, it's usually not on the cover and it's usually not a situation where the artist gets paid. This is another one of those points that's very much a grey area. :/

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