I think it depends. If its just kept within a fandom, and its sort of like fics, then its all right. Because the artist can argue that the person paying for the art isn't paying for the art itself, but the man hours and the paint etc. That the characters don't have anything to do with it.
Now, I'm now lawyer, nor do I particuarly know anything about the law - US or any other really - so I'm not sure it'd work.
However, I really don't think it'd work if someone took a HP art and tried to sell it in RL in the sense that he/she went to a gallery and did whatever it is that one does in order to get said gallery to want to have the image in their well, gallery. :P
But yeah. Tired + Sick = Nonsense. :P
Basically, if its kept online between fans, I don't think it'll be the same.
Also, I think it'd be different if JKR did HP art herself and sold it. I think then it wouldn't be as acceptable for artists to well, do HP art and sell.
I completely understand the point about time and materials... but could that same point not be argued regarding fanfic as well? You spend time, you use your internet connection/computer, etc, and that all costs money.
I think that it is kept within fandom but people actually PAY for the art and it gets sent to them.
I honestly don't understand the whole paying for art either. I mean, hey, sure, if you want to spend your money on a piece of art, find, that's your choice, but I rather use my money for something else.
Most of these artists I've found aren't actually all that good, and only get so much fame because they paint/draw people's fav HP characters.
And yeah, I think it could. But, I think so far only the whole writing fanfics and selling it being illegal while fanart isn't, is because fanart is still - as far as I know - a relatively new thing. At least selling it. I'm sure in a few years, it'll be just as illegal to sell HP art as it is to sell HP fanfics.
I've got to go with reetinkerbell on this one. I think it's one of those things that is currently on such a small scale (not fan art, but the idea of making a profit on it)that it's not being bothered with. But if it explodes and becomes a marketable thing, then I think you are going to see it getting cracked down on. Though I'm not sure how that works. The characters *are* JKR's but does she own the rights to any images of them? It'd be interesting to see what an expert in copyright law would say.
Seriously though...saying that the art is only paying for your materials and stuff doesn't cut it. If you are making a profit on the artwork, then you can't make that claim. And I don't know of anyone who spends $200 on materials to draw or paint a picture. If you try and factor their time into it, you circle back around to the fact that time is not commodity and therefore it's hard to place a value on it. So...what constitutes "making a profit"
I think, and I said it to G above, is that the artists are making a profit on JKR's ideas and characters, and I would have to question whether or not they are paying out a royalty to her.
I think that it is one thing to draw a picture of what you assume the characters to look like based on your interpretation of the books and how it to your friends, and another thing entirely to draw the same picture, charge someone money for it and make a profit from it, and not pay royalties out to the person who created the very characters that you are drawing.
And, maybe one day, people have to put disclaimers on their art as well. Just to cover their asses, and you know, not sell it. However, I have a feeling that if that happens, some of the HP artists are going to start drawing characters similar looking to the HP characters, and pretend its not them, but their own original work. Not sure how that'd hold up though. Not too well I think.
Now, I'm now lawyer, nor do I particuarly know anything about the law - US or any other really - so I'm not sure it'd work.
However, I really don't think it'd work if someone took a HP art and tried to sell it in RL in the sense that he/she went to a gallery and did whatever it is that one does in order to get said gallery to want to have the image in their well, gallery. :P
But yeah. Tired + Sick = Nonsense. :P
Basically, if its kept online between fans, I don't think it'll be the same.
Also, I think it'd be different if JKR did HP art herself and sold it. I think then it wouldn't be as acceptable for artists to well, do HP art and sell.
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I completely understand the point about time and materials... but could that same point not be argued regarding fanfic as well? You spend time, you use your internet connection/computer, etc, and that all costs money.
I think that it is kept within fandom but people actually PAY for the art and it gets sent to them.
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Most of these artists I've found aren't actually all that good, and only get so much fame because they paint/draw people's fav HP characters.
And yeah, I think it could. But, I think so far only the whole writing fanfics and selling it being illegal while fanart isn't, is because fanart is still - as far as I know - a relatively new thing. At least selling it. I'm sure in a few years, it'll be just as illegal to sell HP art as it is to sell HP fanfics.
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Seriously though...saying that the art is only paying for your materials and stuff doesn't cut it. If you are making a profit on the artwork, then you can't make that claim. And I don't know of anyone who spends $200 on materials to draw or paint a picture. If you try and factor their time into it, you circle back around to the fact that time is not commodity and therefore it's hard to place a value on it. So...what constitutes "making a profit"
I'm done rambling now!
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I think, and I said it to G above, is that the artists are making a profit on JKR's ideas and characters, and I would have to question whether or not they are paying out a royalty to her.
I think that it is one thing to draw a picture of what you assume the characters to look like based on your interpretation of the books and how it to your friends, and another thing entirely to draw the same picture, charge someone money for it and make a profit from it, and not pay royalties out to the person who created the very characters that you are drawing.
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And, maybe one day, people have to put disclaimers on their art as well. Just to cover their asses, and you know, not sell it. However, I have a feeling that if that happens, some of the HP artists are going to start drawing characters similar looking to the HP characters, and pretend its not them, but their own original work. Not sure how that'd hold up though. Not too well I think.
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