# Art appropriation AKA how do they get away with this

**URL:** <https://boards.straightdope.com/t/art-appropriation-aka-how-do-they-get-away-with-this/832068>\
**Category:** Cafe Society\
**Created:** [April 5, 2019, 5:34am UTC](https://boards.straightdope.com/t/art-appropriation-aka-how-do-they-get-away-with-this/832068 "2019-04-05T05:34:19Z")\
**Posts on this page:** 5\
**Page:** 1

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**Author:** ![Lucas\_Jackson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lucas_jackson/32/303_2.png) [@Lucas\_Jackson](https://boards.straightdope.com/u/Lucas_Jackson)\
**Post date:** [April 5, 2019, 5:34am UTC](https://boards.straightdope.com/t/art-appropriation-aka-how-do-they-get-away-with-this/832068/1 "2019-04-05T05:34:19Z")

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Here’s a link from FineArtAmerica:  
\<Deleted link\>  
As you can see there are many Calvin and Hobbs ripoffs for sale by many different artist. In addition to using the images in a new configuration some are just reproduction or re-drawings of original comic strips - none of which are offered by Bill Waterson.

I would expect something like this on Etsy (for example) but Fine Art America seems to be a legit high profile affair.

What am I missing?

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**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\
**Post date:** [April 5, 2019, 11:08am UTC](https://boards.straightdope.com/t/art-appropriation-aka-how-do-they-get-away-with-this/832068/2 "2019-04-05T11:08:51Z")

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Watterson’s lawyers haven’t seen it yet.

I suppose it’s theoretically possible he authorized these, but highly unlikely, given how he’s reacted in the past.

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [April 5, 2019, 11:23am UTC](https://boards.straightdope.com/t/art-appropriation-aka-how-do-they-get-away-with-this/832068/3 "2019-04-05T11:23:03Z")

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[Moderating]  
However they’re getting away with it, I see no need to help them do so. Link deleted.

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**Author:** ![Lucas\_Jackson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lucas_jackson/32/303_2.png) [@Lucas\_Jackson](https://boards.straightdope.com/u/Lucas_Jackson)\
**Post date:** [April 5, 2019, 11:36am UTC](https://boards.straightdope.com/t/art-appropriation-aka-how-do-they-get-away-with-this/832068/4 "2019-04-05T11:36:50Z")

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> [@Chronos](#):
>
> [Moderating]  
> However they’re getting away with it, I see no need to help them do so. Link deleted.

That’s making the assumption that what they are doing is illegal. Given the site it’s listed on, I’m not sure it is. Maybe it’s like sampling in music? I don’t know, that’s why I asked.

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**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\
**Post date:** [April 5, 2019, 1:22pm UTC](https://boards.straightdope.com/t/art-appropriation-aka-how-do-they-get-away-with-this/832068/5 "2019-04-05T13:22:49Z")

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No. Calvin and Hobbes is trademarked, which means you can’t use the item without permission. Also, since this isn’t being used for parody – it’s just someone else copying the characters – it’s not even close to fair use for trademark purposes.

The only way for this to be legal is if permission were granted. The pictures (I saw them before the link was removed) do not include any copyright or trademark warnings, which makes is unlikely it was (not even considering the fact that Watterson has made it quite clear that he refuses to grand permission to anything other then reprints of the strips).

It looks like the website does not curate or choose works. Individual artists put up pages and they act as a middleman – selling the art and taking a cut. They probably don’t police the site for copyright violations. In many ways, it’s just Etsy for art prints and it’s likely the site doesn’t even know the prints are up there.
