I want to state right up front that what is about to be discussed here is purely my opinions. It is not the thought of anyone here at theOtaku.com. I'm just making some thoughts public, and stating some opinions. I'm going to do this in the most polite way I can, and I'll attempt not to sound like a douche. I do not want hate mail, or brownies sent to me under the guise of being a box of explosives...I'm looking at you, Dave. ;) (Though last time, the brownies WERE damn good...)
Once again, here is Wikipedia's definition of Fan Art:
Fan art or fanart is artwork that is based on a character, costume, item, or story that was created by someone other than the artist. The term, while it can apply to art done by fans of characters from books, is usually used to refer to art derived from visual media such as comics, movies or video games. Usually, it refers to artworks by amateur artists, or artists who are unpaid for their fan creations--so that, for example, professional comic adaptations of the Star Wars films would not be considered fanart while a version done by an unaffiliated fan would be. The distinctions here cannot always be finely drawn and the actual status of particular works can often fall into a gray area.
I'm going to start out here with a little story. Years ago at a certain convention that will go nameless for this post, I had an unfortunate run in with someone who had a massive problem with the fact that I was selling fan art. I had some harmless Final Fantasy VIII pieces on my table, as well as a little Saiyuki parody. The rest was original artwork. Someone took severe offense for some reason or another to the fact that I was selling fan art, and told the head of the AA to have me thrown from the convention. Now, I have no idea why the individual did this. I'd had no conversation with him about it previously, and literally every table around me was selling fan art. But for some reason, I was singled out. He stood on a table, rallied around some fangirls, and basically singled me out for a good hour or so. I smiled through it; what the hell else could I do, you know?
I'd been doing AA's for a few years, and I remember crying the entire drive home to Chicago. I never cried after cons. Usually I was giddy and bouncy, full of ideas the whole way home. I was pretty broken up by it. I wasn't used to that sort of hostility. But the entire thing had made me really give the Fan Art thing a good once over in my mind, and after that show, I decided against mass producing fan art ever again.
It came down to one thing with me: I decided that it was time to stand on my own two feet as an artist. I was done relying on other people's characters to make my dollar, and truthfully I had a million ideas in my head that were mine and mine alone that I wanted to commit to paper. I made the decision to do so, and I've held true to that for several years now.
Over the years, I've run tons of art related panels at cons and libraries/colleges, and at almost every single one someone brings up the Fan Art debate. I remember at Anime Central last year, I had a particularly rousing Artist Alley panel where this topic came up.
I said it then, and I'll say it now: You can agree with me, or you can disagree with me. But Fan Art available for purchase, in the purest sense without parody applied, is a form of copyright infringement. Not one that will get noticed most of the time, but there it is.
There, I said it. Now, if you'd like to send ninjas to kill me, my address is...what, do you think I'm that stupid? Heeeell to the no. ^_~
In all seriousness here though, here's the way I look at it. Fan Art is not wrong, per say, but it does fall under an artistic grey area. Why? Because as fledgling artists, we all need to learn somewhere. No one is a pure genius and is able to create completely original characters, story, fluid panels, and a killer art style right off the bat. Most artist I've ever known, including myself, like to emulate the art style of someone they particular admire, and that is how they learn. I never went to college for art. I'm completely self taught, and if it weren't for the stylings of Naoko Takeuchi, Rumiko Takahashi, Kazuya Minakura and Maki Murikami I would never have given any of this a shot. I used to doodle for hours, just trying to draw Ranma and Ryoga in hand to hand combat, or Sailor Mars kicking Tuxedo Kamen's butt...oh come on. Mamoru was a wuss. You know I'm right. =P
For a while, I sold artwork of these characters in large quantities. I had original stuff, sure, but I also had prints of some very popular characters that were mass produced. Not many; I've always tried to incorporate my original ideas for prints and product as well. And I've never relied on fan material to make my money. But it's how I got started, and it is, to this day, how most DO get started. There is NOTHING wrong with that.
The problem comes when you rely purely on fan art to make your dollar. What do I mean? I mean if you have an entire booth of AMAZINGLY good artwork, loaded with tons of prints of Ouran High School Host Club, Lucky Star, and Gurren Lagaan stuff, and little to no original artwork, you are prime suspect for me to whack you upside the head.
It's one thing to do a little fan art here and there. Even people like Bob DeJesus do this from time to time. One of his art collections, which I want to add was LIMITED in number, had several popular video game characters in it. Lots of it was parody, but some was just cute and neat sketchwork. Is this wrong? I don't think so. Sure, it's still in a grey area as far as legality, but if you are going to sell fan art, there are a few short rules I like to think you should stick to.
1. DO NOT MASS PRODUCE! If you are going do do fanart, make it a one of a kind piece or a limited number of numbered prints. If you mass produce, you are flat out ripping off the company that owns that property. And that, my friends, is wrooong.
2. ALWAYS CREDIT THE ORIGINAL CREATOR OR COMPANY THAT OWNS THE PROPERTY! Let's say I do a Naruto piece where Sasuke's hair is being compared to a duck's butt by a giggling Kiba. I would sign it at the bottom, date it, and then slap a little note that states I do not own the characters, and I would thus write that the copyright of the characters belongs to Viz Media or Mashashi Kishimoto.
3. DO NOT PURELY RELY ON FAN ART TO MAKE YOUR MONEY! This is the one most people abuse, and the one that makes me the saddest panda of all. Contrary to popular belief folks, you do not need fan art to make all of your money at a convention! I know for a fact, and from experience, that you can make just as much, if not MORE money, with originality and creativity. Some people will disagree with me on this, but the truth holds firm. If you are good enough to make $2000 in a weekend selling materials with licensed characters that you are NOT paying the right to use, you are good enough to make your own artwork and stand on your own two feet.
4. NEVER EVER EVER PUT YOUR OWN ARTWORK OF LICENSED CHARACTERS ON MERCHANDISE! This is a big no no, and one that several conventions are starting to crack down on. Don't make little clocks or mugs with Ed Elric or Pyramid head on them (no matter how funny it is to see the word "raep" on each time slot). Don't make scarves with Furuba characters, or hats designed to look like Kirby. That is blatant copyright abuse, and tends to rub companies the wrong way most of the time.
5. IF YOU ARE GOING TO DO FAN ART, BE CREATIVE ABOUT IT! Don't just draw the standard Chun-Li giving the V sign, or Sailor Moon doing her "Oshioki Yo!" pose. What do you draw? Something like this, or this. The point I'm making is if it's parody, or creative, or just a cool drawing that doesn't look like it's been copied right off a page of the manga, you're in pretty good shape.
And finally, 6: IF YOU TRULY THINK YOU WILL ONLY EVER BE GOOD AT FAN ART, STICK TO ART SHOWS AND AUCTIONS. The reason for this suggestion is that most of the time, Fan Art is very much allowed in Art Shows and Art Auctions. You can do numbered prints there most of the time, or you could create amazing one of a kind works that will sell for a LOT more than you would probably make in an AA. AND you get the added bonus of not having to stand watch over your table all weekend, thus not getting to enjoy the convention as the fan you obviously are.
It comes down to common sense and respect. If you feel you can stand on your own two feet, do so. You might be surprised at how well it turns out. =) Trust me on that one.
~Roku
p.s. For the record, yes, I have purchased one of a kind fanart from several people. Black Cat is a weakness of mine...so sue me. =P
