Hi hi, All!
Okay! The Otakon Meeting is over and I've got all my questions answered. We're ready to go!
I'll be posting guidelines, forms, Q&A's and the like in the Artists Alley section of the Otakon web site over February. Registration will open the first week of March. I'd said the 3rd, but I'm aiming for the 1st of March.
Here are some highlights:
The layout will be about the same, with the same number of table feet, but wider aisles.
We will be using 6' tables and 6' spaces. This year, one table = one space.
Cost will be $60/table before June 18, and $75/table after June 18. There will be a three table limit, with four tables allowed on a case by case basis.
We are continuing the ribbons, and expanding on them. There will now be ribbons for Artist, Assistant, and Roustabout. (I LOVE that word!) Assistants can sit behind the tables; Roustabouts help set up and tear down, but do NOT sit behind the table.
THIS IS THE BIG ONE:
Otakon's Artists Alley will be actively disallowing the sale of unlicensed copyrighted materials. If you own it, you can sell it. If you have license to it, you can sell it. But if it has material (images, sounds, etc.), in whole or in part, to which you DO NOT have permission to sell, then that material will not be allowed in the Artists Alley. Anyone found in violation of this rule loses their retail space in Artists Alley for the remainder of the convention. (The above statement will be officially/legally worded and posted on the site during February, after our lawyer and Otakorp President have approved it.)
5b. Policy for the DISPLAY of unlicensed copyrighted material - provided it is NOT FOR SALE - is currently under review.
Table Islands will be marked with "sign posts" to make it easier for members to locate a specific artist/writer/guest/musician. We will also have a large "You Are Here" sign in the front, with Artists locations marked. We MIGHT also have a booklet, but both cost and logistics are two big obstacles we have to overcome.
That's pretty much it for now. This covers the major changes, so let the opinions and discussions commence. Remember, keep hyperbole to a minimum, and let's not get personal.
Rachel Ann
Artists Alley Department Head
Namida3970 wrote:
This... makes me nervous. I'm still not 100% sure what would not be allowed. I'd like to know the exact definition of "parody" as the otakon staff sees things. So, they don't want us to sell prints or images of anime characters, drawn in our own style and NOT copied from an existing source. But chibi images would be ok? It's a fine line to cross with a heavy punishment on the other side...
Actually, I'm inclined to go with: Chibis would NOT be okay. At least, not in instances where the character has already been chibi-fied by the original artist. The one that leaps to mind (and probably shows how old I'm getting), is Ranma 1/2. These characters are chibi-fied BY the Studios already, which makes the chibis themselves copyrighted characters. There are, in fact, many many series that chibi their characters. If not in the series, then in marketing. Slayers, MKR, the list goes on and on.
Quote:
I don't particularly mind since my art is 80% original as it is, but most of the regular congoers who visit artist alley are looking for good fanart. So a lot of artists will probably convince themselves that their fanart does fall under the "parody" category... because their profits will suffer without the fanart.
And artists convincing themselves their art is "parody" so they can make money is using the parody loophole and a very risky thing to do.
I'd like to give definitive guidelines as to what Artists Alley will consider parody and what it will not. You know that of course is impossible. Establishing concrete guidelines in judgment on a medium that thrives in creativity and imagination is like eating water with a fork: An interesting experience but pointless. Probably the best "internal justification" I could offer artists is this: Ask yourself, "If the original artist saw this work I did, and saw that I was selling it, what would their reaction be?" While not perfect, it is a first good litmus test. The next question would be, "If the original artist's LAWYER saw this work I did, and saw that I was selling it, what would THEIR reaction be?"
My advice? Unless you KNOW your use of unlicensed copyrighted characters in a work is clearly in the bounds of parody, don't bring it. Use your own characters, designs and imagination to create original works of art.
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And just out of curiosity, are they including the art show in this? And what is the policy on commissions? If a congoer asks us to draw a copyrighted character, we aren't allowed to? Sorry for all the worry... I'm just concerned...
Art Show determines their own guidelines in acceptance of art. I'll let them field that answer. (You may want to ask it in a separate topic, to be sure it's seen.)
The policy and guidelines on commission work is the same... INSIDE Artists Alley. I have no control over what goes on outside Artists Alley.
I understand the concerns you and all the artists have on this policy. But like neomonki voiced, I also think everyone understands why we're taking this step. It won't be the most popular thing to do. And it may not be the most profitable thing to do. But it's the RIGHT thing to do. Whether other conventions will follow our lead, I don't know. My guess is some will, others won't. But Otakon has always said we are "by the fans, for the fans". And true fans will find reason to support this policy, knowing it is to the benefit of the professional writers, artists and creators of the anime we so love.
I should reiterate: Artists Alley is NOT disallowing the sale of "fanart". The term "fanart" cannot be legally defined. Artists Alley IS disallowing the sale of copyrighted material to which the seller is a.) Not the creator, and/or b.) Does not have license to sell that material.
The Artists Alley policy applies to all forms of medium. This includes, but it not limited to: Models, tshirts, music, calendars, drawings, paintings, sketches, cels, pins, do-hickeys, what-nots, flotsam, jetsam, corporate jets, and of course, buttons.
Rachel Ann
Artists Alley Department Head
RachelAnn wrote:
Try to look at these changes as a good thing, which is what I believe they are. And what I believe most of your fellow artists think they are.
I think you're in for an unpleasant surprise. I keep in touch with a LOT of people who traditionally sell art at Otakon, and I haven't seen much positive reaction to this announcement- in fact, I think the response I've seen so far could be classified as "disbelief, bordering on outrage." Call me Negative Nellie, but I can definitely see why- to me, it's allegorically identical to losing your right arm in a horrible machinery-related accident, and trying to view it as a good thing because hey, you've still got your left.
I'm not exactly what you might call a spectacular artist, but I do pretty good business at Otakon- sold a Katamari Damacy-related piece on the Art Show (and two complete runs of 8.5x11 prints of same at the Alley) last year for a good amount of money, and almost sold out of the rest of my prints. Meanwhile, I typically share table space with artists MUCH more talented than myself who don't sell NEARLY as much, simply because my stuff tends to involve copyrighted characters customers like while theirs feature original material customers may have never heard of.
Folks who come to Japanese pop culture conventions like Otakon are fans- they have favorite series, and favorite characters in those series. From what I've experienced in Artist Alley (both as a customer and as a vendor), fans enjoy looking at other fans' interpretations of those characters. If you aren't a Big Name Artist with a property that's widely-known (i.e., the Megatokyo guys), making decent money on your own copyrights is... well, a challenge, since we're trying to look at this positively.
Fanwork involving copyrighted characters has always been a huge part of the Anime/Manga culture- heck, it's what defines the entire doujinshi culture. I can only think of four, maybe five instances involving copyright holders threatening legal action against fans, and all of them involved North American copyright holders as the plaintiffs. Admittedly, I'm not an EXPERT on these matters, but it seems like the kind of legal action this decision is meant to prevent is a rare exception rather than a common occurance.
I have to ask- is this in response to legal threats Otakon has received from copyright holders? If so, isn't there a waiver we artists could sign to limit Otakon's culpability?
I'm not sure how you're planning to sell out the AA this year when so many artists are voicing objections to the No Fan Art policy.
I've made a lot of artist friends over the years--many of them at Otakon--and I've talked to many of them since news of the new policy broke. So far, of the ones who went to Otakon last year and sold art in the AA or Art Show, roughly 9 out of 10 of them will not attend this year or, at the very least, they won't be there selling art. I was a bit surprised because I know many of them also sell original art. But then a few of them shared their sales figures with me for previous conventions. Even for artists with mostly original work, their fan art outsells their original art by anywhere from triple to 50 times!
I can see why Otakon is taking this measure: they've gotten big enough to attract unwanted legal attention and they're afraid of getting sued. I've warned in the past that Otakon's out-of-control growth would get it into trouble someday.
I guess I can't blame Otakon for taking this action; they see a slowly degrading convention as better than no convention at all due to a bucket o' lawsuits. But I do blame Otakon for trying to make us think that this isn't a big deal. The artists you're used to seeing in the AA won't be there. The buyers that the artists need to make money won't be spending it.
I now understand why the Artists' Alley was renamed to simply "The Alley"--many artists will be staying away from Otakon now, so an alley is all you're going to have in that big room on the 100 level of the BCC.
Sorry, Art Staff, it's not your fault. I'm just calling it the way I see it.
Hi hi!
There will be a decision about the not-for-sale-display of "fan art" made in February, before Artists Alley Registration opens.
The reason for the delay is because I fully support this application of "fan art". This is, I believe, the purest form of fan art. I just don't want to see this eagerly welcomed expression of love for anime exploited or demeaned and turned into a marketing ploy. Lemme 'splain:
Long ago, (i.e. "back in the day") it was the practice of anime lovers to bring tapes of anime shows from Japan, translate. sub-title, and copy them, then distribute the copies for the cost of the cassette tape and shipping. If or when that anime was licensed for distribution in the USA, the fansub of that anime would quietly go away. Fansubs were not commercial; there was never intent to make money off it. It was truly by the fans, for the fans.
For everyone, this was an ideal way to test market new anime while also increasing the fan base. Though illegal in the letter of the law, it kept the "spirit" of the law. While this defense would probably not hold up in court, it was almost unheard of for a case of copyright infringement concerning this method of distribution to occur.
To my view, the not-for-sale-display of original fan art falls into the "spirit" of the law, if not the "letter" of the law. It is the artistic expression of a fan's love for the style and genre of anime - and usually a specific series and/or character - that truly makes it "fan art". It is by the fans, for the fans.
To continue the analogy, "back in the day", fan subs that were sold for profit was considered a vile practice that shattered the "fan" status. Even moreso if that series had already been licensed for distribution in the US. The practice was no longer fan-driven but money-driven.
Again, to my view, the selling of fan art shifts the focus from fan to money. And the selling of prints of fan art... well...
I will admit to being somewhat opinionated on this subject. If you look at my signature, you'll see a link to my website. I am a published novelist. Four of my seven currently published books have either won an award or have been nominated. (Four of five, actually, since two were published too recently to qualify for awards in 2005.)
I've had my own copyrighted material "fanfic'd" just once. It was a series of puppet skits I'd written for the church I belong to. A publishing house purchased the distribution rights to it and sold the series to other congregations around the country. A woman in another state so loved the series, she wrote a second series, using all my characters. Had she asked for permission I would have gladly given it, for her fanfic was written in the "spirit" and intent of the focus of my creation. (I may have gently discouraged her, though, since I was already writing a second series that was later published.)
But she didn't. She just took my creation and copied it for her own purposes. Noble or not, well-intentioned or not, what she did hurt me. Not financially. I made less than a thousand dollars from the series. Nor did she distribute her "fan fic", so far as I know. She used it for her own congregation. But it still hurt. This was MY creation; MY effort; MY vision. And, yes, my legally protected intellectual property.
This policy of disallowing the sale of non-licensed copyrighted material in the Artists Alley is, as Jim, the Otakon Chair says, the more enthusiastic application of guidelines already in place. It was, however, MY decision to start the process. This decision was supported by the Otakon Staff at the Staff Meeting last week.
The REASON I'm doing this is not to "get revenge" on that one lady who stole my work. The reason is pretty straightforward: I've been on the other side of "fan art", the side where I'm the owner of the art, and I know what the feeling is like. I have fellow artists (writers, web comic creators, artists, etc.) who've had the same thing done to them and theirs. The feeling is pretty much the same: Hurt, sometimes anger, and an open disbelief that true fans would do this.
The REASON I'm doing this is because it is the RIGHT thing to do.
BUT I will say again: I am in full support of the display of not-for-sale original and true fan art. To my mind, that is the ideal expression of pure fan art. I'm just working out a way to encourage it while also discouraging others from using this as another loophole to abuse.
I apologize if I have offended anyone. It was not my intent.
_________________
TTFN!
Rachel Ann
Artists Alley Department Head
Keiiii wrote:
not everybody feels the way you do, Rachel. Especially the folks in Japan, where doujinshi market is flourishing. I've seen stuff like Nintendo officially praising a Legend of Zelda doujinshi for sale, or other companies hiring artists because they loved the doujin work the artists have done of their characters (for sale or not).
And were this Japan...
But it's not. And as I've been given to understand by others on Staff, much of the doujinshi sold in Japan IS licensed. If so, this is akin to Alan Dean Foster's many novels on Star Trek. He is a fan fiction author who has the permission of the Star Trek people (whomever they may be) to write and sell Star Trek novels that are not canon.
And yes, there are some creators, writers, artists, etc. who would have no problem with someone taking their characters without permission and exploiting their popularity to make money. But as was pointed out by the Otakon Chairman in an earlier note, we cannot walk around with a list of authors/writers/creators and their feelings towards having their materials lifted, copied and sold.
Keiiii wrote:
But I don't think it's fair that you're upholding this new policy like a crusade against great evil; neither do I think the motto "by fans, for fans" is applicable anymore.
I never said it was a great evil. Nor do I think of it as such. Please do not use hyperbole. As for "fair", I have no idea why you'd think upholding the rights of the creators who brought us anime wouldn't be fair.
I do agree that "by fans, for fans" wasn't applicable in some ways in past Artists Alleys. For Otakon 2006, this correct observance of an already established policy will help us reemphasize the "by fans, for fans" aspect of Otakon that has made it so popular.
_________________
TTFN!
Rachel Ann
Artists Alley Department Head
The sane thing to do is to prohibit fanart based on American properties and licenses. No Teen Titan fanart. No Anne Rice fanfiction. No American Greetings Strawberry Shortcake comics. No RachelAnn puppet show fanpuppetry. Et cetera. This isn't difficult to enforce if you're any sort of fan of anime. I would hope all your staff are anime fans.
But Japanese properties? Ha, do you not understand anime and manga fan culture in Japan - and in the states? Japanese anime, manga, and video game creators do not sue their fans. They don't sue doujinshi creators, not even for the most perverse or ridiculous mutilations of their characters. It doesn't happen. No one is going to sue anyone for drawing Fruits Basket characters and selling them. The fan backlash would tank the company.
Basically, I really wanted to go to Otakon this year (I'm in Florida so it's quite an investment for me) but I see no reason to now. I can't buy fanart, and I can't sell fanart. I'm disappointed.
This last post that I'm about to paste is the last one that's been posted for a bit (and I'm sure you'll see why). I think that this last one possibly sums up what a lot of Artists are feeling after hearing about the new policies:
This is completely ridiculous.
First off, I don't appreciate what you're implying here: that AMV creators and cosplayers have a "pure" love that's more in the "spirit" of fan appreciation than fanartists do. Who are you to make that kind of call, and where are you even getting that idea in the first place?
No one who is out to make gobs of money is going to get a table at Otakon and try and sell fanart. For one thing, the convention itself is incredibly expensive, as is registration for the art room. The reason why I, and many of my friends, work so hard to put tables together for the con is so we can share our work with fans while we try desperately to make up for some of the cost of the weekend. After the most successful of my three years in AA, I just about managed to cover the cost of the hotel room and con registration. Hardly a good business model if I were in this for the profit.
And I don't think many of these issues are nearly so clear-cut as you are trying to make them out to be. While AMVs, for instance, are a crystal clear violation of IP of MULTIPLE sources, much of the fanart in AA is not nearly so blatant.
What about highly stylized drawings that bear only passing resemblance to the original characters?
What about completely original designs for characters who are only vaguely described in novels? Or illustrated versions of actors in live action films and television?
And let's be honest with ourselves: this isn't an independent comic show, this isn't an art gallery, this is a fan convention. People do not come to AA to buy original artwork and comics. Oh, they may decide to once they're there, but that's not what 90% of con attendees are actually interested in, regardless of how much we may want them to be. They want a keychain with a chibi version of Edward Elric on it. They want a "Remus/Tonks 4 Eva" tee shirt. They want talented artists to draw elaborate pictures of Inu Yasha and Vash the Stampede riding a Chocobo. They don't care about my original characters, and if they don't bother to come to the art room at all then I'm never going to have the chance to convince them.
One wonders why you're bothering to have an Artists' Alley at all, if you're more interested in pandering to corporate interests than giving the attendees of your supposedly fan-run convention what they want.
So, what do you think?
