Can I Sell My Fan Art Inspired By Another Artist's Work?

Good question. In a current world where people are looking for the “best-selling” items on etsy and copying them, and even being ADVISED TO by certain marketing companies, the short answer is “no”. This is all based on my knowledge of copyright AND my opinion, but I think I'm in good company.

I have cringed hard watching marketing ‘coaches’ encourage people who want to start a business to go onto Etsy or similar and look for the best-selling items.

Then to create their own versions of these images, basically copying them, and creating their own pop-up store as a way to make a quick buck.

First, I’ll tell you, if you think you will make a quick buck by creating artwork and putting it online; if you think people will flock to you to buy your stuff, you are mistaken. Unfortunately. Maybe 12 years ago.

Concepting and sketching new ideas that have formed in YOUR mind inspired by the things/people/situations/artwork/movies/music that you yourself have experienced, then developing the idea, putting paint or media onto a surface, working through the composition (have a strong composition!), loving through the layers and building up color, texture, value, and meaning…

It's HARD work. Hard HEART work that delights and sings and sets your heart afire. Lose yourself in this beautiful adventure. I highly recommend it 😊

 

 

However, when you create artwork that is mimicking the design/characters/style of another person’s art, you are scraping off the final layer of someone’s creation experience and calling it your own.

It’s silly to think that your new piece will have any of the depth, courage, layering, beauty and meaning that is infused into the original design.

It’s also silly think that is is okay to make money from those pieces.

Artists have been dealing with this for years, and I remember in Kelly Rae Roberts’ book Flying High, 10 years ago, she stated that following the book and creating artwork inspired by her pieces was fine – it allows you a jumping-off point to copy another artist’s work – but that the work was NOT okay to sell. The students in her classes were creating artwork inspired by her work, but they were doing so for their own personal pleasure and home décor.

I can’t say how she feels about it these days, but that message really resonated with me.

 

Can you create drawings of the Pokemon characters and sell them on Etsy? Nope.

You are violating copyright law when you create a piece of art copying someone else’s creation. When you share it with the world (on your website or social media accounts) stating that it is your work, you are infringing on copyright. 

 

Pokemon even has a statement on their legal page (as of writing this) that the fan artist who posts their work online allows Nintendo to use their art in any way, without credit: Distribution in any form and any channels now known or in the future of derivative works based on the copyrighted property trademarks, service marks, trade names and other proprietary property (Fan Art) of The Pokémon Company International, Inc., its affiliates and licensors (Pokémon) constitutes a royalty-free, non-exclusive, irrevocable, transferable, sub-licensable, worldwide license from the Fan Art's creator to Pokémon to use, transmit, copy, modify, and display Fan Art (and its derivatives) for any purpose.

Unfortunately, I have been dealing with this for YEARS. The first time I was notified that someone found an artist copying me, my blood ran cold.

 I couldn’t believe that someone would post an image and state that it was their idea when it was so clearly a straight copy of my work – sometimes they even have fake “this is inspired by…” messages when it is 100% obvious that they just traced my art. So, I guess it is inspired by whatever MY ART was inspired by? 😊

I have come across and been pointed toward hundreds of people mimicking my work. When they do it for fun, that’s fine. When they open an etsy shop and start selling prints that are eerily similar to my work (some are obviously printed and traced) then I feel really gross that I have to reach out to them and remind them of Copyright Law.
I have sent cease and desist notifications and have received some responses of denial. I approach with intensity if the person is selling copies of my work. I have one artist in Russia who signs her paintings “… copy of KmBerggren”, and I approve. She makes them for friends, vs selling them in an online shop.

 

 

I have an artist in Mexico who has repainted many of my paintings as murals on the walls of a public hospital, and she followed my advisement to sign each piece “from the art of Katie m. Berggren, www.KmBerggren.com”. We have a signed contract to keep this legal.

At this exact moment, I have a folder with the art from 311 people that are copying me, or just did it once and it was sent to me.

One advantage to having a community of 1000s of buyers and fans built up over 20 years is that I have an army of people wanting to protect their purchases and the integrity of the artist behind the paintings on their walls. They write to me and send me samples of what they have seen 😊

Should you take a look at the best-selling items on Etsy or Amazon Handmade and recreate them as a way to make money in your own shop? 
A RESOUNDING ‘ABSOLUTELY NOT’. 

 

 

 

 

The disrespect and disregard for other creators screams from the rooftops of your shop and from your remakes. Your reputation and integrity take a big hit. Your shop may even be closed down by the marketplace.

Want to know what I tell people who ask to copy my art? Read it here.