Expert: J. Spyder Isaacson - 9/24/2007

Question
Hi there, I hope you can shed some light on Copyright and fan comics.

In Japan there is such a thing as Doujinshi, basically a fan comic based on a trademarked work. (You probably already knew that :D)I don't know if the laws are different in Japan, but if they aren't, then how do they get around the copyright laws? I know that there are lots of web comics on the internet, which means that the artist shouldn't be making any money off of them. But what if I wanted to create a fan comic about, say Batman, and show/sell it at conventions? What would I have to do to get it published?

Any help would be appreciated. I tried searching for the answer on the internet, but came up with a whole lot of nothing. If you don't have the answer, maybe you could point me in the right direction? Thanks for reading this email!

Answer
Copyright is a VERY tricky issue.  Not only are there a wide variety of copyright types (recorded media, electronic media, print, broadcast media, etc., etc., etc.), there are also a wide range of attitudes.  Some companies very jealously guard their copyrights -- TSR, (the publisher of Advanced Dungeons & Dragons among others) and Paramount Pictures are EXTREMELY picky about no one violating their copyright or marketing.  Others, such as Lucasfilm, aren't as picky.

Additionally, I have to add a disclaimer of my own: while an expert on comics, I am NOT an attorney, and the information contained in this response should be considered informal and unofficial advice, and nothing more.  To get a more authoritative answer, I would suggest contacting a copyright attorney.

That being said:

Most web comics are not based on pre-copyrighted works, but are either entirely original work or a satire.  Satires are covered under both the copyright laws and the Constitution itself as expressions of free speech.  Thus, web comics creators generally don't have to worry about violating someone else's copyright.

It's rather doubtful you would be able to make money off a previously copyrighted work without full permission -- in this case, DC Comics.  And it can be rather difficult to break into the professional ranks - most of the submissions reviewed (and they only accept submissions at the San Diego Comicon) never see print.

There is an alternative: fanzines.  You can publish (usually in actual print) any type of stories, artwork, etc. and sell it at conventions or through comics specialty shops.  The caveat is that you can't actually make money - you have to make only your expenses.  And a word of warning: fanzines very rarely even break even.  However, this would give you exposure, and there have been a tiny few comics artists and writers who have become noticed by the big companies for their work in fanzines.  The key here is to have a disclaimer at the front of the 'zine acknowledging the copyright owner, and stating that the contents of the 'zine are intended as amateur expressions of appreciation for the characters, and that no infringement is intended.  You may still draw unwanted attention from the copyright holder, but you would have a legal defense.

Again, although I was sued twice for copyright infringement (during the few years I was a journalist), I am not an attorney, so if you are uncertain where you stand, please consult one before continuing.

I hope this helped to answer your question.  Please let me know if it did.

-- Spyder