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The Trappist, Twisted Manzanita and more Posted: 05 Sep 2014 07:00 AM PDT We are big beer fans here at PsPrint. Regular readers of the PsPrint Blog know this, because we jump on every opportunity to write about beer (like we did here and here and here - need we go on?). We love beer so much we’ve launched new beer-friendly products. Last month, we launched bottle labels, and this month, we have launched coasters. Our coasters are really awesome! (#humblebrag) Our coasters are really thick, and you can customize the coaster with your designs, plus a colorful core.  If you own a brewery, bar or restaurant, you need to print personalized coasters. If you do not own a brewery, bar or restaurant, you still need to print coasters, because they are cool! I’m planning to print some personalized coasters for my son’s third birthday party later this month, because they will make great souvenirs. Also, I want trick people into thinking I’m hip and fun, and coasters are hip and fun, right? We have a lot of brewery and bar customers at PsPrint. Two of my local favorites – The Good Hop and The Trappist – are featured in this week’s Hot Off the Press. Cheers! Postcard for The Good Hop designed by Cindy Potter Flyers for The Trappist designed by John Casey Sticker for Twisted Manzanita Ales & Spirits  Sheet stickers designed by Michelle Lee/MKL Business card designed by Mike Norton  Sticker designed by Ross McDowell Business card designed by Chad Eary for Violet Ascentials The post The Trappist, Twisted Manzanita and more appeared first on PsPrint Blog.

Is Fan Art Legal? Posted: 05 Sep 2014 05:00 AM PDT Image credit: Sam Howzit via Flickr Creative Commons license Do you love to create fan art featuring your favorite characters and storylines? Would you like to sell your fan art, but are worried the copyright SWAT team is going to kick down your door and haul you away to trademark infringement prison? What about simply displaying your creations on your walls, on your website or on your Facebook profile? What will get you into legal hot water, and what will not? Is fan art legal? Yes and no. Unfortunately the laws surrounding copyright and trademark aren't exceedingly clear; rather, they're somewhat ambiguous – leaving both original creators and fan artists confused over their creative rights and related claims. Still, some generalizations can be made regarding the legalities of fan art (note that I am not an attorney and nothing in this post should be construed as legal advice). Fan art is likely legal if: it criticizes or parodies the original work it is "transformative" – that is to say, it offers a unique perspective independent from the original it is created in private without being shared with others Fan art is likely illegal if: it directly copies characters, names and storylines it is negatively affecting the original creator's ability to profit from the original work Many erroneously believe their fan art is legal if it is not being sold; however, even not-for-sale and free works of fan art can be illegal and there are circumstances in which fan art can be legally sold. As Lauren Davis explains in her excellent article titled "Are fan fiction and fan art legal," many works must be judged on a case-by-case basis. Davis, drawing from fair use law, writes: "Copyright grants the holder certain exclusive rights to their intellectual property, but the common culture has a right to fair use of a work. 17 USC § 107 explicitly states that use of a copyrighted work “'or purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.'” So, the law has addressed some aspects of fan art – notably, critical, parody and transformative work (which, however, requires case-by-case analysis for determination) – but not the most common forms of fan art: those that pay direct homage to the very characters and storylines created by the copyright holders. Moreover, names and characters for which copyright law might be fuzzy can still be covered by trademark law, as pointed out by Jonathan Bailey in his article "The Messy World of Fan Art and Copyright." Bailey writes: “It is also worth noting that fan fiction and fan art can be a trademark violation as well, especially if it uses names and titles in a way that causes confusion as to whether they are official… Have clear statements on your site that your site and your work is not an official site and is just a fan creation.” So what about the thousands of works of fan art on sites such as Deviant Art?  The majority of such works are not parodies or critiques, they are not transformative in nature, they often directly copy characters, names, and storylines, and they are shared with – and often sold to – others. By our generalized set of rules, such works might be considered illegal. That begs the question: why aren't original creators suing the pants off of fan artists? Suits surrounding fan art are rare, even if the fan art in question is most likely illegal. Comic book characters are some of the most popular fan art subjects, and companies such as Marvel and DC Comics typically own the rights to such characters and storylines. Yet, instead of taking legal action against most fan artists, the original creators tend to tolerate it. In fact, some comics shows place a limit on how many fan artworks a single vendor can sell during the show – and though this is a limitation, it's also an acknowledgement and acceptance that potentially-illegal fan art is being created for and sold at the same events that are promoting the original creators' works. The reasons more creators/copyright/trademark holders aren't suing fan artists include: fan art is free promotion of the official work fan art has been tolerated so long it's largely accepted angering one's own fan base (customers) is not good business fan art must not be perceived as a threat against sales of original work Thus, even illegal fan art can be beneficial to the original creator, even if it's a violation of law. And when the impetus to take legal action falls squarely in the hands of the original creator, no other organization or agency is going to defend rights not self-defended. This video produced by Deviant Art features fan art law expert John Wattles giving what is largely considered the definitive lecture on copyright law at the 2012 ComicCon. If you want to create and/or sell fan art legally, it's good idea to start by watching the video and reading the articles referenced in this post, which contain additional references and resources you can use to help stay on the legal side of fan art. Finally, your best bet is to consult an attorney who specializes in intellectual property, trademark, and copyright law – even if your project might be considered illegal, your attorney can help you acquire the rights you need to make it legal and even legally salable. The post Is Fan Art Legal? appeared first on PsPrint Blog.

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