... unless you have also bought the
copyright/trademark of that image and any
commercial characters depicted therein. The buyer
of course owns the physical item, but all rights
concerning the image depicted remain with the
creator/distributor/whoever-currently-owns-the-rights.
That's why Disney is free to go rampaging through
the countryside demanding the removal of anything
that depicts their characters, even if the fan
artist owns the original design, even if they did
not copy an existing image and used their own
designs, even if they were privately commissioned
and not publically advertising-- Mickey, Goofy,
etc belongs to Disney to do with as they wish.
Now I'm not even going to get into the
morality/etiquette of this, which is a completely
different subject, but technically all those
fanworks (excluding parodies and anything else
'fair use') are illegal. (Yeah, even including
those little kids drawings sometimes shown on TV.
*lol*) With some noted exceptions, most
companies/copyright holders etc. don't seem to
mind as long as the fanworks aren't overly
infringing on the sales of their own products.
If one of those rights-holders contacted eBay
about the fancels, I'm certain that eBay would
probably hop right to removing them. If someone
who just owned the physical item contacted them--
I dunno, they *might* do something, as the fancel
is already illegal and gaining negative attention.
(They also might not, as eBay isn't well known
for its stance against bootlegging if not directly
contacted by the rights-holders. ^^;) |