Said It Here

Is selling fan art and merch online illegal?

Using terms like "inspired by" or modifying original artwork with your own graphics does not bypass copyright or trademark laws, leaving creators vulnerable to legal action from IP holders. Because checking for violations across countless phrases is difficult and manual design work is time-consuming, independent sellers struggle to safely transition from in-person craft fairs to online storefronts.

What people tried

Every workaround mentioned in the threads below. We haven’t tested any of them — and nobody here is claiming they worked.

  1. 1
    trying best to prevent facing legal woes
  2. 2
    using color schemes and common turns of phrase rather than explicit lyrics or likenesses
  3. 3
    checking the government trademark website
  4. 4
    Creating original art styles like Chibi or sketches
  5. 5
    Upcycling pre-purchased items via the first sale doctrine
  6. 6
    Contacting copyright holders directly to request permission

In their words

Unedited, most upvoted first, each linked to the thread it came from.

“I have been selling subtle (MUSICIAN/BAND) merch for awhile now at craft fairs in-person but am now looking to begin selling online but am a bit unsure about the legality regarding selling this kind of material.”source ↗

“I am wondering if selling items as “inspired by” is still an issue if there is not explicit copyright violation, or if the IP holder would still be able to come after me if they believe me to be benefiting off their IP.”source ↗

“Also, I do sometimes have issues determining if certain phrases are IP violations. Is there a website where I can looo this up?”source ↗

throwaway34556787 · r/Etsy

“Am I allowed to sell these if I put my own graphics,texts, colors, etc on the original artwork? Or is there any legal loop hole that I’m allowed to sell this without having any copyright infringement?”source ↗

“I understand I can make my own original art for this however I do not have the skill nor the time as I still have to attend at university as well as a part time job to create it one by one.”source ↗

Mindless_Weenie · r/smallbusiness

Where this came up

r/Etsyr/smallbusinesscopyrightecommercesmall business

People with this problem also raised