Can l sell fanart models for 3d printing?
Hello, l have been wondering since l saw a lot of copyrighted characters in marketplace, can l create 3d models of copyrighted characters such as spiderman, batman, gollum etc.and sell them? I don't wanna get into any trouble when it comes to copyrights so please let me know.
Thanks for advices !!!
Thanks for reaching out.
Yes, you can!
But if CGTrader will receive a copyright claim, the models will be suspended.
Agota from CGTrader
If you don't want to have trouble with copyright holders, then the answer is kinda obvious, isn't? You won't get into trouble if you won't be trying to benefit from copyrighted material. Simple as that. On the other hand, if you're willing to take a risk, you may try to sell the fanart under editorial license.
Well, one of the biggest selling items on CGT for a long time was the baby Yoda 3d model. At least according to the top-selling lists. So I don't think CGT has a problem with it, but any time you're dealing with Disney products or large corporate trademarks, I'd be a little cautious.
I find the answer of A. on behalf of CGT incredible. It's like saying, yes, you can do ... (change the ellipsis to something illegal), as long as you don't get caught. Very little honest this position, it is not typical of a serious company. What are the terms and conditions for then? That answer contradicts points 4.1 and 18.2 of those terms. But even if the internal rules of CGT change, there is still the Law on Copyright and Related Rights of the Republic of Lithuania, which has a wider scope of application and is clear on this point. The fact that they delete the models, if there is a copyright claim, clearly shows that those models should not be for sale. And the response shows acknowledgment and consent, in exchange for great benefit. It also shows me CGT's unwillingness to crack down on fraud (even though they remove many users daily for violations) because they have made it such a lucrative part of their business model. Every day I have more clear that the solution to this problem does not go through the 3d markets.
The copyright laws on fan art is pretty clear, but there are some cases where copyright holders may choose to ignore it, especially if the fanart is helping advertise their overall product. Usually, companies will completely ignore freely distributed fanart which is done free of charge. Sometimes fair use may protect fan art from being a copyright infringement, but this would have to be evaluated on a case to case basis. Most fan creations, especially those for profit, do not criticize or parody the source material, so they are not fair use.
Basically, it's the responsibility of the artist. I think CGT's stand on this is you can create "fan art" but it's at your own risk. If a cease and desist letter comes through, then not only will your product get cancelled, but you may end up in court. Just look at what happened with TS and that whole BMW car model issue.
Must be a very lucrative business model. Lots of Star wars models and other well known products on here.
So CGT has even no problem with large trademarks like the Walt Disney Company who bought the rights of Lucasfilm Ltd. about a decade ago.
Really bad to read that people can try to break laws on a marketplace which claims to be serious.
Thank you all for your answers !!!
I am a generalist artist and I love making characters from universes I love (movies, series, games ...) I use the term fan art to make it clear that it is my vision, my reproduction of an existing character and not a likeness with all the identical characteristics. That is, I am not selling the original character, but my view of that character. The company has every right to find it wrong since they own the rights and may have it removed from the site and I will have no choice but to remove it. But I believe that the vast majority are not concerned with the guy who does some random things. The public that buys an original reproduction of a collectible paying thousands of dollars is not the same as who comes here. Another important point is that "fan art" allows you to get to know my work and may be interested in making proposals for me to develop something personal. If I created a personal orc, for example, I would draw less attention
(I even saw your photo and just created my Azog lol)
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