( 
)
Do you love fantasy and science fiction art? So do I, and let's face it - there are a lot of AMAZING pieces of artwork out there these days! As a member of the fantasy art community, though, I am disturbed by the number of copyright violations I've been noticing on eBay. I also love collecting fantasy art as much as the next fan, but there's a right way and a wrong way to go about it. Purchasing originals and prints and other merchandise that has been properly licensed for sale by the artists is always your best bet. You're assured of the best quality and you're supporting the artist so that he or she can afford to go on creating more of those images you love.
But gee. Some of those fantasy art CDs and DVD-ROMs are awfully tempting! Yes, there are some legitimate collections for sale (I've had my work published in a few). These tend to be higher in price, and the artist whose work is being showcased and/or the company that has licensed the images is very clearly named. Sadly, however, MOST of the fantasy-related art CDs and DVDs you'll find listed on eBay are actually illegal and in serious violation of the original artists' copyrights. Buyers who purchase these discs are essentially rewarding the sellers for theft. Contrary to sellers' common claims, these images are NOT public domain. Many of these sellers are based in the UK, and they typically try to entice buyers by advertising hundreds, even thousands of "high quality" images, usually at rock-bottom prices. Even worse, they often encourage their buyers to break the law themselves, telling them they can make and re-sell prints or other items depicting these images (the old "car boot sales" line is really common). Such behavior could get unwary buyers into serious legal trouble if the artists, their fans, or the companies who have legitimately licensed the images catch them doing so. Plus - unless the original image was clearly labeled "clip art" (and we all know what clip art typically looks like) most artists NEVER license their work en masse (by the hundreds or thousands) in formats like this, nor do they give blanket permission for others to freely reproduce and profit from their hard work - hence, the value of their copyrights. Sadly, a seller's positive feedback rating is NOT a sign of integrity in these cases. If you don't see the names of any artists listed in the auction, or if you can still see artists' watermarks/banners visible in the images, this is a MAJOR red flag! If the seller makes immediate and/or lengthy disclaimers that s/he is not violating any copyrights or other eBay rules, BE VERY SUSPICIOUS - this often indicates that s/he has been reported or shut down for such violations in the past. Some sellers of these types of merchandise use alternative spellings (such as "fantacy") and categorization (such as "wholesale"), perhaps in an effort to evade broader detection by wary artists. Furthermore, at least one UK eBayer claiming to be a "seller you can trust" has made verifiably FALSE copyright/resell claims to images s/he is selling in DVD format. Be assured - these auctions are as bogus as the rest, and if you buy the DVD you DO NOT have the right to reproduce the images for sale in any form. FOLKS, IF YOU'RE CAUGHT DOING THIS (MAKING THESE DISKS AND/OR REPRODUCING AND SELLING THE IMAGES ON THEM) THE ARTISTS ARE WELL WITHIN THEIR RIGHTS TO SUE YOU FOR COPYRIGHT INFRINGEMENT.
UPDATE: The latest blatant cases of copyright violation are coming straight out of the UK- again! One seller is offering two different CD collections - one with 200+ "stunning fantasy dragons" (featuring artwork stolen from Ciruelo Cabral and others) and another with 500+ "stunning fantasy art images" (featuring artwork stolen from Luis Royo and others). S/he is also openly encouraging buyers to reprint these images for "endless" purposes - also a highly illegal venture. A second UK seller is also showcasing a "brilliant" collection of over 1800 fantasy art images to which s/he does not own the rights. S/he, too, encourages buyers to reprint and sell the images - and THIS INDIVIDUAL'S EBAY STORE WAS ACTUALLY SHUT DOWN LAST YEAR by a pair of world-famous fantasy artists whose lawyers didn't take kindly to theft and re-sale of their art. Yet here s/he is, back at it again. Some folks never learn! Needless to say, these sellers do NOT have re-sale rights to these images and they are NOT public domain. The contemporary artists (conspicuously unnamed! - remember, this is frequently a dead giveaway that the art on the disc is being sold without the artists' consent) whose works are on these disks have NOT surrendered their copyrights to this seller or indeed to anyone else who rips off their art, then sells it in a format that encourages others to potentially mass produce it for their own personal profit. As I've stated above, this is a MAJOR RED FLAG. These people are no different from the CD and DVD bootleggers in Asia. The only difference is that most of the folks whose work they're stealing are far less wealthy than Hollywood moguls - hence the theft of their work can have a far more dramatic net impact on their personal incomes. It's a sure bet that NONE of the artists whose works are on these discs have contracts with this individual. Wise buyers should avoid these auctions and others like them.
One seller based in Singapore offers 17,000+ (!!!) dark fantasy images from a "local studio" in the US. S/he does NOT own the rights to the images on the discs and is actively encouraging buyers to further violate artists' rights by printing and re-selling these stolen images (yes, folks, the artists can SUE you if they catch you doing this). Sadly, most of these sellers know that what they're doing is illegal, but they frankly don't care as long as they're making money at it. Two different UK sellers who add "risque comics" and/or images of tattoos to their fantasy art discs (which both are selling for .99 pounds sterling) are currently falsely claiming that they either own the rights to the images on the CDs they're selling or that they are in the public domain. Both have been challenged for violating copyrights in the past by artists who have recognized their work in the sample images they have displayed in their auctions. Their response? Change the images on display and keep selling the disks. A fourth UK seller is offering fantasy craft CDs filled with stolen art (one auction showcases a green dragon copyrighted to Bob Eggleton). Meanwhile, a fifth UK seller offering anime tutorials and fantasy art wallpapers on DVD has loaded them with images from other fantasy artists (like Luis Royo and Frank Frazetta) which he showcases in his auctions and to which he does NOT own the copyrights. Ironically, he's rather explicit about asserting copyrights for any of his own work that may or may not be on the DVDs - a disappointing double standard if he is, indeed, the artist that he claims to be. Then there's the guy in Canada selling two different CDs loaded with stolen images of dragons and angels/sexy women. Can you see what I mean about how depressingly widespread these sorts of violations are?
Frequently, when challenged, the creators of these types of merchandise try to justify what they're doing by saying that:
a. they found the images easily enough online (therefore they must be free for me to claim and profit from as I see fit!),
b. the source of the images said they were public domain (Problem: Copyright violations are rampant online and far too many such "reliable" sources are bogus/mistaken. Plus, in many cases it's far too easy to just rip images from artists' websites or scan them from other print sources and claim that they're "free." Sadly, there are far too many unscrupulous people online who engage in this type of behavior, then count on the naivete of their buyers to reward them financially for stealing. While there ARE some images that are public domain, there are a whole lot more that aren't. It's NEVER safe to assume that an image is "free" just because there is no name clearly attached to it. If you don't know exactly who created it and have that artist's permission in writing, you do not have the right to claim, sell, or alter it in any way.),
c. "everyone's doing it" (so that must mean it's OK!),
d. the artists are "being selfish" (!!!), and
e. you're "paying for their time" (sorry, folks - no amount of time you spend compiling and editing stolen art (and this includes photographs!) for sale in any form - such as CDs, DVDs, cross stitch charts, needlepoint, switch plates, wall clocks, T-shirts, tattoo/airbrush "inspirational" collections, celebrity collections, etc. - magically makes that art yours or protects you from potential copyright infringement lawsuits).
Needless to say, the original artists are usually not given credit for their beautiful work and see none of the profits from these auctions. For many of these folks, art is their main source of income, and by proliferating the art without credit or compensation to the artists, these scammers (and countless others like them online) are taking hard-earned bread off the artists' tables (in some cases, they have cost the artists lucrative LEGAL licensing agreements). Instead of exploring their own talents, they exploit the talents of others. There are words for folks like this, and none of them are very nice.
Bottom line: don't let yourself get scammed. Sellers of legitimate merchandise should be able to tell you:
(NOTE: There's a VERY good chance that at least one of these illegal auctions has popped up in the sidebar to the right of this guide. Check it out and you'll see what I mean. In particular, if ANY seller tells you you've got the right to print and re-sell these images on your own, on eBay or elsewhere, LOOK OUT!! )
Some artists whose work is commonly infringed: Karl Bang, Boris Vallejo, Julie Bell, Darrell K. Sweet, Ciruelo Cabral, Luis Royo, Brom, Keith Parkinson, Carl Lundgren. Amy Brown, Jody Bergsma, Graeme Base, Peter Pracownik, Rowena Morrill, Sue Dawe, Tinkler, Chiu, Ruth Thompson, Nene Thomas, Frank Frazetta, Carl Lundgren, Jim Warren, Janny Wurts, Bob Eggleton, Christy Grandjean (Goldenwolf), Michael Whelan, and countless others. Many sellers are increasingly stealing the work of newer, less well-known artists in their continued efforts to profit without being caught. Digital art is a particular target. The damage these people can do to budding artists' careers and potential future LEGAL licensing agreements is astronomical. If you suspect someone's work is being used/sold without their consent, PLEASE take the time to let them know.
But gee. Some of those fantasy art CDs and DVD-ROMs are awfully tempting! Yes, there are some legitimate collections for sale (I've had my work published in a few). These tend to be higher in price, and the artist whose work is being showcased and/or the company that has licensed the images is very clearly named. Sadly, however, MOST of the fantasy-related art CDs and DVDs you'll find listed on eBay are actually illegal and in serious violation of the original artists' copyrights. Buyers who purchase these discs are essentially rewarding the sellers for theft. Contrary to sellers' common claims, these images are NOT public domain. Many of these sellers are based in the UK, and they typically try to entice buyers by advertising hundreds, even thousands of "high quality" images, usually at rock-bottom prices. Even worse, they often encourage their buyers to break the law themselves, telling them they can make and re-sell prints or other items depicting these images (the old "car boot sales" line is really common). Such behavior could get unwary buyers into serious legal trouble if the artists, their fans, or the companies who have legitimately licensed the images catch them doing so. Plus - unless the original image was clearly labeled "clip art" (and we all know what clip art typically looks like) most artists NEVER license their work en masse (by the hundreds or thousands) in formats like this, nor do they give blanket permission for others to freely reproduce and profit from their hard work - hence, the value of their copyrights. Sadly, a seller's positive feedback rating is NOT a sign of integrity in these cases. If you don't see the names of any artists listed in the auction, or if you can still see artists' watermarks/banners visible in the images, this is a MAJOR red flag! If the seller makes immediate and/or lengthy disclaimers that s/he is not violating any copyrights or other eBay rules, BE VERY SUSPICIOUS - this often indicates that s/he has been reported or shut down for such violations in the past. Some sellers of these types of merchandise use alternative spellings (such as "fantacy") and categorization (such as "wholesale"), perhaps in an effort to evade broader detection by wary artists. Furthermore, at least one UK eBayer claiming to be a "seller you can trust" has made verifiably FALSE copyright/resell claims to images s/he is selling in DVD format. Be assured - these auctions are as bogus as the rest, and if you buy the DVD you DO NOT have the right to reproduce the images for sale in any form. FOLKS, IF YOU'RE CAUGHT DOING THIS (MAKING THESE DISKS AND/OR REPRODUCING AND SELLING THE IMAGES ON THEM) THE ARTISTS ARE WELL WITHIN THEIR RIGHTS TO SUE YOU FOR COPYRIGHT INFRINGEMENT.
UPDATE: The latest blatant cases of copyright violation are coming straight out of the UK- again! One seller is offering two different CD collections - one with 200+ "stunning fantasy dragons" (featuring artwork stolen from Ciruelo Cabral and others) and another with 500+ "stunning fantasy art images" (featuring artwork stolen from Luis Royo and others). S/he is also openly encouraging buyers to reprint these images for "endless" purposes - also a highly illegal venture. A second UK seller is also showcasing a "brilliant" collection of over 1800 fantasy art images to which s/he does not own the rights. S/he, too, encourages buyers to reprint and sell the images - and THIS INDIVIDUAL'S EBAY STORE WAS ACTUALLY SHUT DOWN LAST YEAR by a pair of world-famous fantasy artists whose lawyers didn't take kindly to theft and re-sale of their art. Yet here s/he is, back at it again. Some folks never learn! Needless to say, these sellers do NOT have re-sale rights to these images and they are NOT public domain. The contemporary artists (conspicuously unnamed! - remember, this is frequently a dead giveaway that the art on the disc is being sold without the artists' consent) whose works are on these disks have NOT surrendered their copyrights to this seller or indeed to anyone else who rips off their art, then sells it in a format that encourages others to potentially mass produce it for their own personal profit. As I've stated above, this is a MAJOR RED FLAG. These people are no different from the CD and DVD bootleggers in Asia. The only difference is that most of the folks whose work they're stealing are far less wealthy than Hollywood moguls - hence the theft of their work can have a far more dramatic net impact on their personal incomes. It's a sure bet that NONE of the artists whose works are on these discs have contracts with this individual. Wise buyers should avoid these auctions and others like them.
One seller based in Singapore offers 17,000+ (!!!) dark fantasy images from a "local studio" in the US. S/he does NOT own the rights to the images on the discs and is actively encouraging buyers to further violate artists' rights by printing and re-selling these stolen images (yes, folks, the artists can SUE you if they catch you doing this). Sadly, most of these sellers know that what they're doing is illegal, but they frankly don't care as long as they're making money at it. Two different UK sellers who add "risque comics" and/or images of tattoos to their fantasy art discs (which both are selling for .99 pounds sterling) are currently falsely claiming that they either own the rights to the images on the CDs they're selling or that they are in the public domain. Both have been challenged for violating copyrights in the past by artists who have recognized their work in the sample images they have displayed in their auctions. Their response? Change the images on display and keep selling the disks. A fourth UK seller is offering fantasy craft CDs filled with stolen art (one auction showcases a green dragon copyrighted to Bob Eggleton). Meanwhile, a fifth UK seller offering anime tutorials and fantasy art wallpapers on DVD has loaded them with images from other fantasy artists (like Luis Royo and Frank Frazetta) which he showcases in his auctions and to which he does NOT own the copyrights. Ironically, he's rather explicit about asserting copyrights for any of his own work that may or may not be on the DVDs - a disappointing double standard if he is, indeed, the artist that he claims to be. Then there's the guy in Canada selling two different CDs loaded with stolen images of dragons and angels/sexy women. Can you see what I mean about how depressingly widespread these sorts of violations are?
Frequently, when challenged, the creators of these types of merchandise try to justify what they're doing by saying that:
a. they found the images easily enough online (therefore they must be free for me to claim and profit from as I see fit!),
b. the source of the images said they were public domain (Problem: Copyright violations are rampant online and far too many such "reliable" sources are bogus/mistaken. Plus, in many cases it's far too easy to just rip images from artists' websites or scan them from other print sources and claim that they're "free." Sadly, there are far too many unscrupulous people online who engage in this type of behavior, then count on the naivete of their buyers to reward them financially for stealing. While there ARE some images that are public domain, there are a whole lot more that aren't. It's NEVER safe to assume that an image is "free" just because there is no name clearly attached to it. If you don't know exactly who created it and have that artist's permission in writing, you do not have the right to claim, sell, or alter it in any way.),
c. "everyone's doing it" (so that must mean it's OK!),
d. the artists are "being selfish" (!!!), and
e. you're "paying for their time" (sorry, folks - no amount of time you spend compiling and editing stolen art (and this includes photographs!) for sale in any form - such as CDs, DVDs, cross stitch charts, needlepoint, switch plates, wall clocks, T-shirts, tattoo/airbrush "inspirational" collections, celebrity collections, etc. - magically makes that art yours or protects you from potential copyright infringement lawsuits).
Needless to say, the original artists are usually not given credit for their beautiful work and see none of the profits from these auctions. For many of these folks, art is their main source of income, and by proliferating the art without credit or compensation to the artists, these scammers (and countless others like them online) are taking hard-earned bread off the artists' tables (in some cases, they have cost the artists lucrative LEGAL licensing agreements). Instead of exploring their own talents, they exploit the talents of others. There are words for folks like this, and none of them are very nice.
Bottom line: don't let yourself get scammed. Sellers of legitimate merchandise should be able to tell you:
- the correct names of ALL the artists whose work appears on the disk, along with up-to-date contact information
- the correct titles of many (if not all) of the images on the disk
- the name/s of the company (or companies) that licensed the images, along with the year/s of copyright and correct contact information so that the legitimacy of the merchandise can be verified.
(NOTE: There's a VERY good chance that at least one of these illegal auctions has popped up in the sidebar to the right of this guide. Check it out and you'll see what I mean. In particular, if ANY seller tells you you've got the right to print and re-sell these images on your own, on eBay or elsewhere, LOOK OUT!! )
Some artists whose work is commonly infringed: Karl Bang, Boris Vallejo, Julie Bell, Darrell K. Sweet, Ciruelo Cabral, Luis Royo, Brom, Keith Parkinson, Carl Lundgren. Amy Brown, Jody Bergsma, Graeme Base, Peter Pracownik, Rowena Morrill, Sue Dawe, Tinkler, Chiu, Ruth Thompson, Nene Thomas, Frank Frazetta, Carl Lundgren, Jim Warren, Janny Wurts, Bob Eggleton, Christy Grandjean (Goldenwolf), Michael Whelan, and countless others. Many sellers are increasingly stealing the work of newer, less well-known artists in their continued efforts to profit without being caught. Digital art is a particular target. The damage these people can do to budding artists' careers and potential future LEGAL licensing agreements is astronomical. If you suspect someone's work is being used/sold without their consent, PLEASE take the time to let them know.
Guide created: 05/04/06 (updated 07/02/08)
Thank you for voting. If your vote meets our 
