the world behind 'Elden Ring' — characters, concept art, story elements, and distinctive designs — is protected by copyright held by the creators and publisher (FromSoftware and its partners). That means anything that reproduces or is clearly derived from their protected elements can be considered a derivative work. Creating fan art for personal use or sharing it on social media is one thing; putting it up for sale turns it into a commercial activity, and that’s where legal exposure rises. Commercial use reduces the chance that a court (or a publisher) would treat the work as innocuous or “fair use,” and copyright owners are within their rights to request takedowns, block sales, or demand licensing fees if they choose to enforce their rights.
When people talk about fair use, they often hope it will shield fan creations, but fair use is a flexible, fact-specific doctrine rather than a safe harbor. In the U.S., courts weigh factors like purpose (commercial vs. noncommercial),
the nature of the original work (creative works get strong protection), how much of the original is used, and whether the new work harms the market for the original. Erotic or mature fan art can be judged less transformative if it relies heavily on recognizable character designs, poses, or direct references to in-game assets. Adding a sexual or mature context doesn’t automatically make something transformative — and some platforms or rights holders might object on moral or brand-image grounds. Also note that countries vary: the EU and many others have moral rights and different exceptions, so what’s tolerated in one place might not be elsewhere.
Beyond copyright, there are other legal angles to watch. Trademarks (like logos or the game's name) are another concern — avoid slapping official logos on merchandise unless you have permission. If you use real-person likenesses (cosplayers, for instance), right-of-publicity laws could apply. Selling on storefronts (Etsy, Redbubble, Gumroad, Patreon, etc.) introduces platform policies and their response to DMCA takedowns; platforms typically comply quickly with takedown notices to avoid liability, which means your listings can disappear even before a legal fight starts. Practically speaking, some publishers tolerate fan art and even encourage it, while others shut down commercial ventures — it’s patchy and often unpredictable.
So what do I do and recommend? First, try to make your pieces more original and clearly transformative: reinterpret characters in new styles, change key identifying features, or blend elements into unique characters inspired by the world rather than copying exact outfits or poses. Avoid using in-game assets, screenshots, or official art as the base for prints. Don’t use official logos, and be careful with titles — you can reference inspiration from 'Elden Ring' in descriptions, but don’t imply an official partnership. If you want to sell widely and securely, reach out to the publisher for licensing info; occasionally companies offer fan art policies or licensing routes, though they’re not common. Keep records of your creative process (sketches, drafts) if you ever need to argue transformation. And if you’re planning a business-level operation or high-stakes items, getting legal advice is worth it.
All that said, I still love how fan art keeps fandoms alive and vibrant. I balance
My Passion for making bold, mature pieces by staying creative about originality and staying aware of the legal boundaries — that way I can push my art without waking up to a surprise takedown.