Typically, you’ll have a company that owns the right to the characters or other work that you want to use in your fan art. Check out the corporate site of that company for contact information. Look for the person to reach out to for copyright inquiries. If no one is listed specifically, work your way up the chain asking who you would need to speak to about copyright issues.
Keep in mind that many of these programs are notoriously stingy — especially if they’re related to long-running, popular characters. For example, Paramount allows fans to make Star Trek fan films, but they can’t be more than 15 minutes long. [4] X Trustworthy Source Harvard Business Review Online and print journal covering topics related to business management practices Go to source Some sites that provide selling platforms, such as RedBubble[5] X Research source and TeePublic[6] X Research source , also have brand partnerships that allow you to sell fan art with permission from the copyright owner.
Provide your contact details and give them a deadline to respond (say, within 10 days of receiving your letter). But be nice about it — remember, you’re asking them to do something nice for you, not making a demand. If you already have samples of the art that you want to produce, you might want to include a piece of it so they can see what you want to do. Otherwise, you might include samples of your other work so they have some idea of the type of artist you are. You could also include the URL of any website where you share or sell your art, such as an Etsy or Deviant Art page, as well as your social media information.
Keep the green card you get in the mail after the copyright owner receives your letter. The easiest thing to do with it is to staple it to a printed copy of the letter you sent. That way you have them both together.
If they give the thumbs-up on your project, you’re good to go! Just keep that letter in a safe place in case they have a change of heart later. The unfortunate thing about a copyright owner refusing permission after you’ve asked is that your fan art project is pretty much dead. You’ve put them on notice about what you want to do, and you know they’re not okay with you doing it. That amounts to willful copyright infringement, which can put you on the hook for some big-time fines.
These letters tend to follow a formula, so if you skip down to the end of the letter, you’ll likely see a numbered list or bullet points that outline what the copyright owner wants from you. If they’ve tossed out an alternative, such as a licensing fee, consider whether that’s something you can afford.
Let them know if you’ve decided to stop selling your fan art, and that should be the end of it (unless they want money from you for the copies you’ve already sold). If you’re not willing to comply with their demands, say so outright — don’t beat around the bush or offer to negotiate if you know you’re not going to comply. Be direct. You can always set forth your argument if you truly believe that your art doesn’t actually violate their copyright. However, if you’re going to go this route, it’s usually best to talk to an attorney first. Remember, you’re likely writing this letter to an attorney who specializes in copyright law.
Many copyright owners appreciate fan art and might be willing to work with you. However, it’s not going to come free at this stage. The owner has already let you know they’re not happy with your use, so expect to bargain for a licensing fee. If that’s not something you can afford, your fan art project may be dead. This strategy likely won’t work with the largest and wealthiest copyright owners, such as Disney. Unfortunately, they likely won’t negotiate licensing rights with you, as they only negotiate multi-million-dollar contracts with large companies and distributors.
If you’re low on funds, look up “Lawyers for the Arts. " Most states have a branch of this nonprofit organization of volunteer attorneys. They’ll help you with your case and might even agree to represent you for free. [14] X Research source
Fan art typically doesn’t fall into the “commentary and criticism” category because you’re creating art related to something that you like. This category normally covers written reviews and news reports, not so much visual art. You might be able to convince a judge that your work was a parody, depending on the overall content of your fan art. For example, if you drew canonically straight characters as homosexual, you could say that you’re ridiculing the original art’s lack of gay characters.
