Um. So. How do conventions happen where fanart is sold? Because they'd be shut down if that were true. Fanart and its sales are protected under Creative Commons.
And again I ask you how do conventions and people selling fanart online happen? They definitely don't get the rights to do it. CREATIVE COMMONS.
if it were a parody, criticism, or intended for education, there would be no problem
but as it's for ~PROFIT~ that's what makes it illegal and even creative commons can't cover that
and also a lot of cons ban third-party products, such as fanart, but because they don't bother checking to make sure it's a-ok and/or they know that if they kick out one person selling fanart, they have to kick out all the people selling fanart and seeing how much money artist alleys make, that's not very profitable so they look the other way
just because they do that, though, doesn't make it right :u
http://www.plagiarismtoday.com/2010/05/13/the-messy-world-of-fan-art-and-copyright/
fanart, while technically infringing on the artist's right, is usually kosher except when they profit from the fanart