anonymous 1731544277015

So about the last ask, what do you mean by art? does that include crochet of nuis or just drawing/paintings of the chracters?

it includes crochets and nuis too; essentially any product that features their intellectual property!

this is also why often "original nui clothes/accessories" and other oshikatsu accessories are popular to sell at conventions in japan, as they do not feature intellectual property but are popular purchase for people's own official merch. and in a similar vein, it's also why you may often see "vague representation" merch (such as say, accessories with wine red + steampunk imagery without featuring valkyrie's logo), as it's harder to make a case that it's infringing on the intellectual property.

you may often see "pay for production" fan-nuis and fan-dolls. these are considered to fall under a "grey area", as they are a fan-venture done out of passion, that is typically not facilitated for profit (they're typically done in group orders, where everyone all pays a sum for the production). you might notice that despite this, technically the manufacturers still "profit" from the exchange, as they still did business! but as long as they do not utilize the intellectual property to advertise their services (ie. portraying themselves as a enstars doll-maker, using enstars intellectual property as advertisement), they're typically not pursued for copyright infringement, etc.

this same logic applies to commissioning artists, and hence why it's typically considered a "grey area", despite still being disallowed under happyele's terms of service!

mika_enstars 1731659171524

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