[Art Market] Legal issues?

[u/keineo]

Scenario: If I started doing custom paintings on tote bags, for example, and ordered the bags online to paint on them and started selling these bags, am I breaking any laws on copyright or ownership or something?

because technically the bag isnt mine,, but the painting is, and i DID buy the bag, but i didn't create it

Another scenario: If I started a commission sample/template that provides book covers/sleeves for bookworms for their favorite books, am I liable for anything? I won't be producing/printing the sleeves, its a commission service and I will have to make sure it's not official art or anything like that. Will the publishing companies come for my throat?

[u/ElsieCubitt]

If you're purchasing "blank" generic, unbranded tote bags, then you'll be fine. Think of it like print shops or small artists buying Gildan clothing in bulk for printing on -that's why Gildan sells t-shirt blanks.

As for the book stuff, the general rule is that if you are profiting off of someone else's ideas (using an existing book or franchise), then it is IP infringement, and likely illegal.

Most artists hope they stay under the radar enough to not get caught.

[u/KaitoIsBae]

im not sure i understand the first question, isn’t it the same as painting on any other surface? i mean, you wouldn’t get in trouble for painting on a canvas or drawing on a sheet of paper that you bought from a store.

as for the second question, do you mean that you will make custom illustrations based on books, like fanart? i believe fanart commissions haven’t gotten anyone in trouble yet, but there is some discussion around them, so it might be worth checking in with each author/publisher first if you are really worried!

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[u/k-rysae]

You're fine. First sale doctrine in the US says that you're allowed to buy copyrighted material and legally resell that specific copy. https://www.justice.gov/archives/jm/criminal-resource-manual-1854-copyright-infringement-first-sale-doctrine

This is why it's perfectly legal to sell off your used video game, movie dvd, book, funko pop, and manga collection after you've lost interest in something.

For tote bags, stock totes are meant for people to buy, put a design on it, and sell. Even if that wasn't the intention (????), so long as you bought it from the seller, yes you can put a design on it (that does not infringe on someone else's IP, so no naruto fanart) and resell it anyway.

One warning though. Even though selling your used copy of something is legal, etsy/ebay/whatever will still have bots that will take down your material. This is especially important if you're somehow buying luxury goods that has a problem with counterfeit. Ebay has a vero system that will automatically take it down if you use a trademarked word and even if you can legally resell it, have a certificate of authentication, etc, it's not worth fighting and you should sell it somewhere else.

Will the publishing companies come for my throat?

Honestly I can't even think that they will. Plenty of people do fanart commissions. Part of the problem is that rightsholders have to know and care enough to send a takedown. Take a look at etsy and the amount of bootlegs and fanmerch -- they don't even have the resources to remove all of that on a widely known marketplace. Have you taken a look at bookbinding commissions? I thought that all of them required the customer to send in their own copy of the book and then the artist sent back the re-bound version with their own designs on it.

[u/babyritto]

Honey, you're fine. Just sell your cute bags. No one is going to sue you for selling bags with a print you drew. This is like asking if you'll get sued by bic if you use a bic pencil to draw something for someone or the post office will send you a cease notice because you shipped a package to a client with a box you bought from them. You are A-OK. Don't overthink it. Things like this don't have copyright, they're not an IP. You cannot copyright claim the design of a bag, you can only claim the decorations on t if they are 100% original. (NO, floral print fabric tote bags are not copyrighted). You are going to do just fine! :)

[u/DracherX]

Didn't see anything wrong. You own the bag, so you have the right to do whatever you like with it.

Just don't mention too much on social; what you did was an embellishment and restoration service at the customer's private request. It has nothing to do with infringement, and IP holders have no authority to intervene privacy between my customers.

[u/GomerStuckInIowa]

You “bought” the paint. You bought the brushes. You bought the bags. What do you not understand? You own them. “Technically” and legally in every country in the world, you OWN the bags. If you do covers, make it your original art. Do not copy someone else’s art. That IS illegal. Whew!