So. It's a topic I'm sure has been discussed a thousand times by a thousand different posters on Dev Art, and probably at some point even in my own journal ages ago. But it's been on the brain again recently as the con season has started up again and I think it warrants another discussion, if only to see where everyone else stands on the issue.

Selling fanart.

It's a taboo topic no one likes to admit to, like pirating music/dvds. At what point do you step back and say "That's too far, you're definitely stepping on corporate toes and you're going to get in trouble." What are your thoughts about selling commissioned works of Spidey or Ghost Rider at a con? What about selling sketchbook compilations that might include a rendition of Batman or Superman inside? What about selling individual prints on a website store? What about t-shirts? What about other cafe-press type merchandise featuring copyrighted characters?

There's the argument that you're only selling on a miniscule level, to a handful of people, and not mass marketing your fan art. But it's still illegal, right? What about only charging shipping fees to cover the cost of mailing a piece of fan art? You're not profiting, so is it still illegal?

I think I remember Nick trying to design a t-shirt back in the college days featuring copyrighted Marvel characters. He wrote to a Marvel rep and asked permission to design and print the t-shirt, for non-profit, and I think I remember them telling them he couldn't even do that. So I assume any sort of distribution, for profit or not, is considered illegal.

That would mean at some point or another, all of us, simply by drawing and uploading fanart would be a criminal act, if we take the law to the letter, right? I mean, current copyright laws say that the minute you create something it's been copyrighted. Stands true for fanart too, I assume.

Thoughts, you criminals?