GUIDELINES
Makers are encouraged to view our Holiday Market Rubric to understand how their applications will be evaluated.
Handmade Arcade defines a "handmade business" as follows:
- Artist(s) created the original products
- No use of mass-produced, trademarked, or licensed items in work
- No use of copyrighted designs artist(s) doesn't own in the work
- No use of purchased, downloaded, or copied images or designs in work
- At least 80% artist's original creation
Trademarked/copyrighted designs may include “references to (or content from) a celebrity, fictional character, designer, business, company, film, tv show, band, sports team, book, product name, or any other copyrighted, trademarked, or otherwise protected materials.” (Spoonflower, 2024)
Fan art is technically copyright infringement. While fan art can sometimes be considered fair use, that's typically only the case for fan art that is created for non-commercial purposes like personal enjoyment. Using a celebrity's likeness for commercial purposes can be a violation of their right to publicity, which is another legal issue.
There are two primary reasons that Handmade Arcade has moved away from allowing trademarked/copyrighted designs at our markets.
First, as our mission is to provide makers with professional development, we don't want to knowingly enable practices that could lead to makers dealing with legal issues related to selling copyrighted work.
Second, while Handmade Arcade celebrates the incredible amount of talent and skill that goes into the creation of fan art, fan art is work that derives from and incorporates elements of someone else's work. While all art is, of course, derivative in some senses, we want to amplify the work of makers who are creating new characters, images, and art that comes from their imagination rather than the likeness or existing characters.
If you are a maker who sells some products that are fan art and some that are not, you are still eligible to apply and sell at the Holiday Market! We encourage you to leave fan art-related products out of your application. If accepted into the Holiday Market, you will be prohibited from selling fan-art related products.
Applicants who do not fit the definition of "handmade business" will not be considered.