Comic-Con Copyright Conundrum…

This form letter went out to San Diego Comic-Con exhibitors last week:

Comic-Con takes the issue of copyright infringement very seriously. Exhibitors who violate copyright law run the risk of legal action, up to and including, arrest and prosecution.

Comic-Con does not knowingly allow the sale of unlicensed or copyright infringing merchandise, including art, books, music, videos and other copyrighted materials. At our discretion we will cooperate with all law enforcement agencies, the MPAA, the RIAA and other copyright holders to enforce their copyright(s).

If you are unsure whether or not material you have is unlicensed, or otherwise illegal, we suggest that you do not bring those items with you to Comic-Con. It is better to err on the safe side.

If you have any questions or require clarification on the contract, or policies of Comic-Con International in general, please feel free to contact us at (…) and ask for the Exhibits department.

This issue has been around for a long time, and one I have addressed here before. This is not the first time I’ve seen a notice like this sent out or posted, yet I have seen very little actual enforcement of it at conventions. I still constantly see artists selling prints of Batman, Deadpool, etc. that they obviously do not have copyright permission to do, and doing it with abandon. It’s not like they are hiding… some of these print mongers have displays 12 feet high with 50 or more prints displayed… every one a copyrighted character.

This letter is really just a disclaimer to cover the comic-con owner’s rear ends. Essentially it says “you bring copyright infringing materials to our event at your own risk”. They do not police the joint for copyright infringement, they leave that to the copyright holders. They are just saying that they will cooperate with any action taken by said copyright holders. The onus is still on those that hold the copyrights to start enforcing their copyrights. When and if companies like Marvel, DC or movie/TV studios start to do that is anyone’s guess.

It seems simple but it’s a real dilemma for the copyright holders. They have every right to shut this sort of thing down, but “fan art” has become a big part of the engagement of the fandom of these properties. To take action against copyright infringers would cost these property owners not just a lot in the expense of policing and enforcing things, but much in losing some of the good will and support of the very fans that make these properties valuable in the legitimate world of retail and entertainment. These companies already struggle with the image of being “corporate bean-counters” in a world where creativity and art are what they sell. They don’t want to make that image any worse.

My feeling is that copyright infringement at a convention-level like this will never be really gone after by the big companies. It might SEEM like a big industry with all the booths at all the comic cons that sell infringing merchandise, but in the long run it’s peanuts compared to the revenues generated by the films, TV shows, books, merch, etc. that make these characters so valuable. I just don’t see big companies sweating the breadcrumbs when they are busy selling truckloads of loaves. Only the really heinous transgressors, like those ripping off actual existing art and not just doing their own versions of the characters, are probably going to see much in the way of legal action.

For me, I will continue to stick to parodies of any copyrighted characters I do prints or art of. I go out of my way to stick to concepts and approaches that are arguably or clearly fair use. One of these days I may have to decide if I am going to prove that in court or not, but I would imagine before I need to make that decision I’ll be seeing action taken against most of these very obvious copyright infringers.