Is your own video game art made for money legal?

This is in regards to the following linkhttp://kotaku.com/5970575/damn-gurl-those-are-some-classy-metal-gear-solid-prints?post=55507838
I have a few questions regarding the legality of this.

1) If this person does not have permission to sell these from Konami, is it still ok (legal) to sell these? Especially being that they say "Metal Gear Sold"

2) Does it simply boil down too the artist being not as big as Konami and most likely nothing will happen? If something does happen is the most that Konami can do is tell them stop selling this? Or can they sue this person?

3) If the overall answer would be to just ask lawyer than just say ask a lawyer. Either way I am guessing this falls into a gray area.

No, usually you can reproduce the stuff for personal use or as a free gift under fair use. That goes out the window when money is involved.

1) No, its not legal to do so. You can create artwork using similar elements and a similar likeness, but you can't directly use the name and the characters in the fashion without permission.

2) Konami isnt likely to pursue her, though they are within full legal rights to do so. The most Konami can do is sue them and claim damages and copyright infringement. They will more than likely just send a cease and desist letter because a few hours of Konami's legal team will cost more than the amount of money that person could realistically pay in court settlements.

3) No, theres no real gray area here. Its copyright infringement. But no one really cares.

1) No, its not legal to do so. You can create artwork using similar elements and a similar likeness, but you can't directly use the name and the characters in the fashion without permission.

2) Konami isnt likely to pursue her, though they are within full legal rights to do so. The most Konami can do is sue them and claim damages and copyright infringement. They will more than likely just send a cease and desist letter because a few hours of Konami's legal team will cost more than the amount of money that person could realistically pay in court settlements.

3) No, theres no real gray area here. Its copyright infringement. But no one really cares.

XaosII