Last materially reviewed: September 21, 2026
Direct answer
Creating fan art for personal practice is lower risk than selling shirts, stickers, prints or other merchandise, but neither activity is automatically lawful. Characters, artwork, logos and distinctive visual elements may be protected by copyright or trademark. Adding “CTTO,” changing the style or drawing the image yourself does not create permission. Before commercial sale, obtain a license or build an original design that does not copy protected expression or mislead buyers about sponsorship.
Authority-to-action bridge
| Question | Cybercode answer |
|---|---|
| What the authority says | The Intellectual Property Code protects original expression and gives copyright owners exclusive rights, including adaptation and reproduction, subject to limitations such as fair use. |
| What it means | A new drawing can still be derivative of protected characters or artwork. |
| What changes the answer | Purpose, amount copied, transformation, market effect, branding and likelihood of consumer confusion all matter. |
| What to do next | Identify the protected elements, check license terms, remove unauthorized marks and seek permission before producing inventory. |
Key takeaways
- There is no universal “30 percent change” rule.
- Giving credit does not substitute for a copyright or trademark license.
- Fair use is fact-specific and commercial merchandise is harder to defend than commentary or parody.
- A character name or logo can create trademark and passing-off risk even where the drawing style is original.
- Commissioning an artist does not guarantee that the merchandise is cleared.
Copyright, derivative works and trademarks
The Intellectual Property Code protects original literary and artistic works and gives copyright owners exclusive rights over reproduction, adaptation, distribution and related acts. A hand-drawn recreation can still copy protected expression.
Fair use requires a multi-factor analysis that includes purpose and character, nature of the work, amount and substantiality taken, and effect on the potential market. Labels such as “fan made,” “non-official” or “transformative” do not decide the test by themselves.
Trademark issues are separate. Using protected names, logos, packaging or imagery in a way that suggests official origin, affiliation or sponsorship can create additional exposure. Platform rules may remove listings even before a court decides infringement.
Evidence to preserve
Creators and sellers should keep a clearance file showing how the design was developed and what permissions apply.
- Source sketches and dated working files showing original development.
- License, permission email, brand guideline or marketplace authorization.
- Reference images used and a comparison of protected versus original elements.
- Product listing, packaging, tags, advertisements and disclaimers.
- Sales quantities, supplier records and takedown communications.
What to do next
- List every borrowed character, logo, artwork, phrase and distinctive design element.
- Identify the likely rights owner and any published fan-content policy.
- Assess whether the planned use is commentary, parody, noncommercial sharing or merchandise.
- Do not rely on CTTO or a disclaimer as permission.
- Request a written license for commercial use or redesign around genuinely original expression.
- Clear product names, logos and packaging for trademark risk.
- Keep proof of permission and a process for responding to legitimate notices.
Common mistakes
- Believing a redraw is automatically original enough.
- Using official logos while labeling the item unofficial.
- Printing inventory before confirming license limits.
- Submitting a counter-notice without a defensible legal basis.
Frequently asked questions
Is all fan art illegal?
No. The analysis depends on what was copied and how it is used. But popularity or tolerance by a rights owner is not the same as legal permission.
Does fair use allow me to sell fan-art shirts?
Possibly in unusual fact patterns, but commercial merchandise that substitutes for licensed goods faces significant difficulty. A specific legal review is wiser before scaling sales.
Can I sell a commission requested by a fan?
A customer request does not grant rights in the underlying character or artwork. The seller and artist should assess the same copyright and trademark issues.
Related Cybercode guides
Official sources
- Republic Act No. 8293 — Intellectual Property Code (our IP Code explainer)
- IPOPHL copyright information and assistance
- IPOPHL intellectual property rules and references
Important: This article provides general educational information about Philippine law, regulation, cybersecurity, technology, or business compliance. It is not legal advice and does not create an attorney-client relationship. Laws, agency procedures, technical standards, platform rules, and the facts of each situation may change the result. Verify current requirements through the cited official sources and seek qualified professional advice when your rights, deadlines, money, safety, or legal exposure may be affected.