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Can I do a fanart gig?


bobipineman

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The main reason I’m asking the question is if the gig will be theoretically copyright infringement. Or if it because it transformative it will be fine…

I heard some people received fanart request on fiverr, and buyer request that come close to ‘‘fanart’’
Nintendo is know to be super agressive toward it IP but it never attacked fanart directly to my knowledge

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Unless someone mass producing, making serious money company like Nintendo, Marvel doesn’t care. You can just draw Spongebob then call it Spongey to make it fully legal. You didn’t just copy Spongebob and it’s name is different too.

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Unless someone mass producing, making serious money company like Nintendo, Marvel doesn’t care. You can just draw Spongebob then call it Spongey to make it fully legal. You didn’t just copy Spongebob and it’s name is different too.

@gongor32 This is at best dubious advice.

The issue is not only how Marvel or Disney or Star Trek… handles themselves with regards to fanart (Columbia has a policy for Star Trek which we have used to make a ST Fan Film) but in how Fiverr’s TOS handles this.

I would assume that generally the TOS is opposed seeing it uses the copyright of another which is never a grey area - despite the claims people make.

While I see the attraction to making me look like Iron Man as a Gig, it is you gaining advantage from the IP of another so probably better to work more broadly and draw me as a person in a red tin suit. Let the viewer compare to persons of iron rather than make moves that you probably wouldn’t want to be made on you if you had designed that character.

🙂

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The main reason I’m asking the question is if the gig will be theoretically copyright infringement. Or if it because it transformative it will be fine…

I heard some people received fanart request on fiverr, and buyer request that come close to ‘‘fanart’’

Nintendo is know to be super agressive toward it IP but it never attacked fanart directly to my knowledge

Or if it because it transformative it will be fine…

Correct me if I’m wrong, but I think you specified something that is like fair use. Transforming something copyrighted doesn’t mean you have permission to sell it, some commercial uses are not allowed. The only exception to this fanart instance may be artists as an image. Like, drawing Michael Jackson and sell that picture, but I may be wrong. As far as I know, the only thing copyrighted by singers is their music.

Unless someone mass producing, making serious money company like Nintendo, Marvel doesn’t care.

Believe me they care and can take legal action if they found someone plagiarized their work and it’s making money out of it. Or if you think that’s unlikely, what about Fiverr ToS? The commercial use part makes it clear enough that you can only sell material that is yours or licensed for commercial use. And not even Fair Use protects the instance of selling a “transformative” work based on something copyrighted, because fair use only covers criticism, educational, documentary purposes. For me it’s very clear: no, you can’t sell a Spongebob calling it Spongey, it’s not “fully legal”, it’s unethical and if you were the artist you will be pissed if you found out someone is making money out of your original idea and you as an artist can and surely will take legal action against it.

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There are so, so, so many gigs that flagrantly contain copyright material/protected intellectual property. From music, still images, video footage, logos, and brands, to drawings, paintings, and sellers wearing superhero costumes and prancing around.

There are far too many for Fiverr itself to take down in an expedient manner, and the gigs are likely too small to fall under the immediate notice of the copyright/IP holders. Fiverr is very much a wild frontier in numerous regards due to the ease of becoming a seller and the lack of virtually any vetting, allowing just about any bandito to set up shop.

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There are so, so, so many gigs that flagrantly contain copyright material/protected intellectual property. From music, still images, video footage, logos, and brands, to drawings, paintings, and sellers wearing superhero costumes and prancing around.

There are far too many for Fiverr itself to take down in an expedient manner, and the gigs are likely too small to fall under the immediate notice of the copyright/IP holders. Fiverr is very much a wild frontier in numerous regards due to the ease of becoming a seller and the lack of virtually any vetting, allowing just about any bandito to set up shop.

It does. As well as some services that are of dubious legality by even the standards of Fiverr ToS. Doesn’t mean all sellers can get away with it forever though. Better not to risk it

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