Is selling fanart Illegal? (strictly Japanese characters)?

Question

Hi there-! Sorry for the dumb question, but I couldn't find a serious answer.

I am an American freelancing artist who goes to convenions and sells prints online. it is not uncommon to go to an anime convention's Artist Alley and see 90% of the art being fanart of already existing characters.My concern does not lie there.

I want to expand from your standard prints, posters, stickers, and keychains, into more things like phone cases, t-shirts, possibly wallscrolls, and the like. (Would you need a business license for that? Whereas regular AA you dont) I would be selling in both conventions and online (probably world-wide.) All products would be art by me, be it original or based off of a character that I've redrawn into my style.

Before you say "LAW IS LAW AND IN AMERICA--" we are talking about JAPANESE copyright/trademarks. Preferably, I would like to ask for permission to sell fanart of their characters, but alas I do not know enough Japanese to contact them. I was wondering if anyone knows literally anything about Japanese copyright laws when it comes to anime characters and fanart. Do they actually care if someone sells fanart (since it promotes their series) and will take action?
Or does anyone know how I could contact them?

FOR MORE SPECIFIC DETAILS:
-I'd sell them on storenvy
-Characters I'd most likely sell from: Madoka Magica / VOCALOID / Attack on Titan / Recent animes

That's all I could think of, so hopefully that is clear!
Thank you all x

Answer 1

Generally fan art is produced by fans for their own entertainment and to share with friends, not for profit (not that it makes a difference).



Under copyright laws (and the point of them is that they do extend internationally) fan art does infringe copyright, but generally does not attract the attentions of the owners, unless it potentially harms their property.

Answer 2

Whether or not you need a "business license" is a matter of local concern (state and municipal regulations).



Similarly, saying "law is law, and in America" is pertinent if you happen to be in America and infringing their rights in America.



Japanese copyright is enforceable in over 160 other countries, under the Bern Convention. "Fanart" is a type of derivative work that is the exclusive right of the copyright owners. Copyright infringement for profit is generally considered illegal, if not also criminal.



Trademarks are generally only enforceable in a country where they are either registered or actually being used by the owners to brand their goods or services, and only as pertain to similar goods or services (thus creating a "likelihood of confusion"). I have seen a Japanese company sue a US company for simply MENTIONING their brand, as in "our US product is a compatible replacement for the Umismetu originals." It cost $10,000 to settle.



If you're selling on any website hosted in the USA, or you are a resident of the USA, you are obviously bound by the USA laws and can be sued for violating them.



Also, under site policies, such as StorEnvy, you are not allowed to violate the laws or to violate rights of third parties. This doesn't say, "you can violate their rights if they decide not to sue you."



Every Japanese businessman I have ever dealt with speaks better English than a lot of Americans. Your lack of Japanese proficiency is not going to be a major factor in your negotiations for the required licenses. Failure to understand their culture will be.

Answer 3

"There arent dumb questions, there are only dumb freelancing artists who make questions"

Having said that, you will get trouble for selling that fanart. One thing is selling them in small quantities, but if you are thinking of making a real business, then they can sue you when they found out, cuz you would be makin money from their work.

Answer 4

I would venture to guess that it is indeed illegal (though copyright law is ridiculous and unwieldy), but I too have seen it sold many places--heck, I've even bought it. It seems to be one of the things that flies under the radar...I'd guess that if it came up in court, the artist could always claim artistic license and that it could be interpreted as that character, but that's not necessarily who it is. Still seems a fine line to walk, though.