So, I'm a little unclear about something...

[purple_hana]

So, I have an odd question.
Years ago, in a galaxy far far away, in NDKs of years past, there was always this one table that sold stickers to go on...whatever. I always put them on my car, but I know they stuck to just about anything.
The scruffy man running it had a variety of shapes that were recognizably from this anime or that, like the patch from Ouran High School, or Sora from Kingdom Hearts, or even the heartless emblem.
I always kinda wondered if they were legal, but since I don't understand the finer points of the law, it's never worried me until now, when I start thinking about why his table just stopped showing up.
Now, I’d actually like to kinda take in the iffy man's scruffy footsteps and make stickers of my own, with my own art and everything… and maybe even try selling them, but I'd like to know first if maybe the man never came back because he was selling illegal items, or if the masses just scared him off.
But since of course while my own art is dandy, not everyone’s going to want to see it… and since everyone does enjoy showing off which anime has captured their time and all… which is what leads me to my question…
Hopefully someone could clear this up for me?
I understand that logos are a really bad place to go and are quite illegal… but when something keeps showing up in an anime is it still a logo? Like Sasuke’s eyes in Naruto, or the skull emblems that keep popping up in Bleach…  or even Soul Eater’s headband (of which I’m particularly fond of)… My understanding of this is a little vague. Is it considered a logo? Or is it all right as long as I don’t trace them?

[The Ronin]

That's a tough one. Images and logos that aren't specifically trademarked can be argued as legal to reproduce as iconography, but can still fall under copyright law. I've done a ton of research into stuff like this, and I still don't have a straight answer. Compounded by the fact that you'd most likely be using a plotter to cut the decals it pushes you farther towards the automation side, and that's even more frowned upon.

Sorry if that confuses you further. Perhaps one of the AA heads could bring a more direct answer.

[Jalakins]

I'm a little confused as well. I guess I don't understand how artists in the alley can get away with drawing art from anime/games, but it's "frowned upon" to do art with logos? I mean, I understand how using a plotter to cut decals would be frowned upon, but using logos from games or anime where there are already hundreds of people that draw art from these games or anime already? That does seem a bit odd.

[The Ronin]

I'm a little confused as well. I guess I don't understand how artists in the alley can get away with drawing art from anime/games, but it's "frowned upon" to do art with logos?

It falls under the difference between copyright law, and intellectual property. A character cannot be copyrighted, just the specific images. That's why you can't take a picture of Naruto, change the background, and call it your own. The actual "printed" image, and any similar facsimilies of Naruto is what's covered under copyright law. You can draw your own completely original image of Naruto and call it your own, as long as it's made obvious that you didn't directly copy a previously published image. Logos tend to be something that you can't change enough to make it original, and often times are actually trademarked.

[rini]

It falls under the difference between copyright law, and intellectual property. A character cannot be copyrighted, just the specific images. That's why you can't take a picture of Naruto, change the background, and call it your own. The actual "printed" image, and any similar facsimilies of Naruto is what's covered under copyright law. You can draw your own completely original image of Naruto and call it your own, as long as it's made obvious that you didn't directly copy a previously published image. Logos tend to be something that you can't change enough to make it original, and often times are actually trademarked.

not really, actually. the character, and character attributes and likeness of naruto are all under copyright. it's just that AA since conventions started allow fanart out of tradition, and it doesn't really affect the copyright holder's monetary interest. for example, DC and marvel have tacitly allowed fanart to be sold of their property at conventions. nintendo has also done the same. they do this because it's, essentially, free advertising for them. however, they can, and some do, bring the ban-hammer down on ppl, and get the socks sued off.

a few examples: http://articles.chicagotribune.com/2011-06-30/entertainment/ct-ent-0701-keyboard-cat-suit-20110630_1_threadless-t-shirt-charles-schmidt

http://consumerist.com/2011/08/hells-angels-sue-la-t-shirt-maker-for-copyright-infringement.html

there are a lot of conventions out there that are completely banning fanart now, like anime iowa, to keep within copyright.

best thing to do is just avoid copyright material all together. we sell anime-related merch, but it's all copyright free, because you can't copyright _ideas_ and phrases (though, you can trademark phrases, see McDonalds). "alchemy, only costs you an arm & a leg" isn't copyright-able, even if it's obviously FMA related. HOWEVER!! our _design_ is copyright Nani?Wear 2008.

[purple_hana]

First of all, thanks to Rini and The Ronin for very interesting replies. I can never get a straight answer for this stuff that's dumbed down enough to reach my level. XD;

So then, now that I've read and mostly comprehended, a few more questions pop up. I'm sorry, but I'd be delighted if you'd be patient enough to answer them as well.
One, I never even considered that getting a printer to cut vinyl for me would be any different from people who do their art in photoshop or whatever then print it out en mass in all it's wonderful glossyness... What kind of difference can I expect? Would it still be something that could be sold in Artist's Alley period?
Second...Wait a minute... Quite honestly... I don't really understand Jalakins' point. Why would using a 'plotter' to cut decals be frowned upon? This, at least, is everywhere… Etsy and eBay to name a few.  I think I confused myself again.

[darkshardsyuki]

Purple_hana, while I can't answer all your questions I can clairfy some. If I remember right the guy who used to do those stickers was using art that wasn't his, I can't say for sure because it was before my time as staff but I will find out and let you know.

As for Logos and emblems, we lean on the side of safety. Logos we don't allow period because of the copy right laws, we also consider emblems that have been released as any kind of official product to be a logo even if they only appear in the series. So the Sasuke eyes, bleach skull, and soul eater headband would all be considered logos or official products.

We also allow fan art because the artists change the characters enough that while they're still reconizeable as the character the artists style and the image are different enough that it is not the same as the official art.

I hope this answers some your questions.

[purple_hana]

Hahaha... Yeah, I kinda figured. They're pretty recognizable, but I thought asking wouldn't hurt and would in fact clarify. I've been debating the topic with anyone who'll let me for a while now.

As to the scruffy man... well. Saw that one coming.