@spikermonster here you go, some actual legal information for you
Selling or publishing fan art is copyright infringement because it uses intellectual property without permission.
The Legal Reality of Fan Art
Derivative Works:
Under copyright law, only the original creator or copyright holder has the right to make or authorize derivative works. Drawing a copyrighted character or universe without a license is illegal.
Fair Use Misconceptions:
Fair use protects criticism, news reporting, teaching, or genuine parody. Simply drawing a character in your own style or selling prints does not automatically qualify as fair use.
Non-Commercial Tolerance:
Most copyright holders look the other way or actively permit non-commercial fan art (like posting sketches online) because it provides free marketing and builds community engagement.
When Do Lawsuits and Takedowns Happen?
Commercial Profit:
The risk increases sharply the moment an artist tries to make money by selling prints, pins, t-shirts, or taking paid commissions based on someone else's IP.
Platform Takedowns:
Full-scale civil lawsuits against individual small-scale artists are rare because the legal cost outweighs the recovery. Instead, online storefronts (like Etsy or Redbubble) and social media platforms issue automated DMCA takedown notices or account suspensions.
Corporate Enforcement:
Companies vary wildly in how strictly they police their brands. For example, firms like Disney maintain aggressive zero-tolerance policies, while others (such as Genshin Impact developer Hoyoverse) publish specific fan content policies outlining what types of merchandise or sales are allowed.
Mass-Market Competition:
Companies are most likely to take direct legal action if an independent creator produces mass-market merchandise that directly competes with official licensed products or damages the brand's reputation.
How Artists Reduce Risk
Check Fan Content Policies: Many gaming and media franchises publish official guidelines stating what fan-made merchandise or art is permissible.
Keep It Personal/Non-Commercial:
Keeping artwork strictly non-profit lowers the likelihood of enforcement, though it remains technically unlicensed.
Create Original Works:
Designing completely original characters, settings, and stories avoids copyright traps entirely.