FAN ART & MERCHANDISING POLICY

CONTACT MY AGENCY:

If you are unsure about any fan art/fiction, please kindly assume it is not permitted. Please direct any questions about this policy to Valentina Sainato at JABberwocky Literary Agency: valentina@awfulagent.com

You may also contact my agent directly. Susan Velazquez Colmant at JABberwocky at susan@awfulagent.com

I am so grateful to my readers for reading and loving the characters and stories in the EMILYVERSE. And while I would love to say I want you to embrace all forms of creativity as well through the making of fan art/fiction, I have to protect my intellectual property. Below is my official policy on fan art and fiction.


OFFICIAL STATEMENT ON FAN ART/FICTION POLICY:

Emily Rath and Emily Rath Books retain all copyrights in their Creative Works. This means no copies, no derivative works, no distribution, and no public display. A “derivative work” is a work based upon one or more of the EMILYVERSE. Additionally, and to further clarify, this means that Emily Rath Books DOES NOT permit public displays of any text of art from any of the EMILYVERSE. Any license or permission to use any intellectual property from the EMILYVERSE, or permission to claim that fan art/fiction/product is “official,” MUST BE IN WRITING and is otherwise invalid. This is the default. Some exceptions are described below.

Permitted Fan Art/Fiction (Exceptions to the Default):

  • Visual art (e.g., prints, digital, 3D, sculpture, etc.) that does not include a whole, partial, or substantial copy of any visual art from the EMILYVERSE. To further clarify: copying or substantial copying (even by hand or non-automated means) of any Emily Rath Books visual art (e.g., print, digital, picture, book cover, poster, map, logo, etc.) is never permitted. What is permitted: creation of an original digital or physical print work that illustrates a scene, character, or object. These allowed works are referred to below as “Allowed Visual Fan Art.”

    • Permitted Non-commercial Use: The following uses of Allowed Visual Fan Art are permitted as long as there is no direct or indirect compensation (financial or otherwise) for such use: (i) electronic distribution; or (ii) making and/or distributing of no more than five (5) physical prints or stickers.

    • Permitted Commercial Use. The following uses of Allowed Visual Fan Art are permitted: (i) Making and selling, upon commission, a physical original of Allowed Visual Fan Art; and (ii) making, distributing, selling, and publicly displaying stickers and/or physical prints of Allowed Visual Fan Art. Sales or distribution of any other items displaying or incorporating Allowed Visual Fan Art, e.g., t-shirts, apparel, mugs, plushies, pins, jewelry, figures, phone accessories, replicas, etc., ARE NOT permitted.

    • Notice for Title or Description. Titles or written descriptions of Allowed Visual Fan Art must include a conspicuous notice in substantially the following form: “Unofficial fan art illustrating [character, place, etc.] from [book or series] by Emily Rath.”

  • Fiction. Uncompensated (direct or indirect) creation, copying, and/or distribution of one-off works of modest-length fan fiction based on the EMILYVERSE is permitted. Serials (comics or otherwise), sequential art, or fan fiction works of significant length works ARE NOT permitted. Copying of text (other than non-distinctive text of insignificant length) from the EMILYVERSE IS NOT permitted. Selling fan fiction or fan comics (including receipt of advertising revenue for posting, displaying, or otherwise making available fan fiction) IS NEVER permitted.

    • Any permitted fan art/fiction must include in the title, or in a similarly conspicuous location, a notice substantially similar to the following: “unofficial fan [art or fiction] based on [book or series] written by Emily Rath.”

  • Music. Music that repeats text or detailed storylines or excerpts from the EMILYVERSE is not permitted.