If accidentally we make same character as a manga or anime unfortunately is it illegal ?

Any character, that is original (meaning it has an artistic, unique or distinguishable look) is copyrighted by the creator the instance that it is being created. You don´t have to do anything, that character is your creation and therefore it is copyrighted.

But there is a little problem with that. Let’s say, you created a character years ago and now this year an anime is released that has a character in it, that look exactly like yours. Now you instantly send a message to the creators of that anime telling them, that this is your character, that you created and this is copyright infringement! Like a mirrical, they actually respond to you telling you to prove it and until you can´t the copyright still belongs to them. And any proof, that you may find will not be enough, because their character hit the public eye faster than yours and no one will believe you. Even if you tell the truth. And that is the problem with any idea or design based copyright. Proving that is was your idea or design is very hard for a single person. Not for a company though.

Fanart itself is not illegal. You can draw whatever you want in whatever way you want. Don´t worry, if you draw a character from your favorite Anime you won´t be making yourself punishable by law. You are going to make yourself punishable, however, if you are trying to make money with a copyrighted character! So let´s say, you are drawing some fanart of copyrighted material and then print it on paper or on shirts and try to sell that. Then that is illegal even though it is your own art, you are selling as soon as it has copyrighted characters in it, it is illegal to sell or make money with!

So all the people you are seeing at cons, that are selling fanart of popular characters from their favorite anime, are actually breaking the law.

It depends, what you use it for. Generally, you are allowed to upload fanart online if it is just for showing purposes. Like on deviant, Instagram, Facebook, Pinterest, etc. As long as you only show your private artwork, then you can upload whatever picture of any copyrighted character you want.

But if you are actively making money with that fanart of yours, then that is illegal! So if you are selling that artwork as a print on whatever you want to print it on, it is illegal!


Just look at Artgerms Instagram account here. He draws a lot of copyrighted characters from anime and other media but he has no problems with it because he is not selling any of his fanart only his original art.

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