Fan Art...Would my pictures be considered 'Fair use'?

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  • I've been reading about copyright for the last day or so as I have recently given up work to be an at home Mum and part time artist. I draw sketches white pencil on black card and I had the idea of covering old picture frames with comics to add a new dimension to the sketch  and add colour but keeping the sketch monochrome and I came upon the idea of basing the frame on a specific comic book character and then putting in a sketch of the movie version of the character. So for example I have done a sketch of 3 jack nicholson photos (the famous black and white ones) with a joker theme decoupage on the frame. I didnt plan on selling them but the comic book shop down the road hasoffered to sell them for me and people have made a lot of comments about them already so I want to persue the posibility of selling them. As far as I can tell using the comics on the frame is ok its repurposing of a product and people have been doing it a long time particularly with comics. But with regards the sketch  will I get in trouble with DC comics and/or the photographer for selling it more widely such as comic cons etc. What would be my chances at getting the rights to sell it. I have considered sellingmy work as 'upcycled frames with free movie sketch' but it feelsa bit snidey and if I got  permission I could consider doing prints does anyone have experience with getting the relavent permission? And would my selling sketches generally fall under fair use? Sorry for the rambling...embarassed

  • I'm not sure about this -- I think I would need to see an image of the resulting art to make an assessment.  It is a difficult question.



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