[ SECRET POST #2868 ]

[case]

⌈ Secret Post #2868 ⌋

Warning: Some secrets are NOT worksafe and may contain SPOILERS.

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Notes:

Secrets Left to Post: 03 pages, 075 secrets from Secret Submission Post #410.
Secrets Not Posted: [ 0 - broken links ], [ 0 - not!secrets ], [ 0 - not!fandom ], [ 0 - too big ], [ 0 - repeat ].
Current Secret Submissions Post: here.
Suggestions, comments, and concerns should go here.

Comments

[(Anonymous)]

The law sees artwork and written word very differently. There is a treatment of visual arts under copyright law in case law that treats being 'inspired' by the real world--including pop culture--and other art as inherent to art, combined with the assumption that the way one artist draws a character is distinctly different from other forms of it in a way that makes it distinct for copyright.
Which doesn't mean that fanart is totally legal, especially when you are dealing with *trademarked* characters, which is a totally different set of laws. Campbell's has admitted in recent years that they did speak Warhol and consider legal action but thought better of it--he was popular and it wasn't harming their brand. Artists who did do works closely related to existing art--pixel versions, or a sculpture based on a photo, have lost legal battles over them.
Creating an image that does not have a visual basis, however, has generally been allowed, as has been distinctly original images that don't directly relate to an existing image--though again, trademark is different. For one thing, a non-narrative media and a narrative media are seen as less able to claim competition between them.
And some of it is because the content owners have a tradition of looking the other way--the comic companies in particular have for a long time quietly allowed sold fanart so long as you didn't go mass producing it, as a way of new artists getting their start (after all, you have to have a portfolio of comic art to get a job with them).
As for doujinshi, Japan's copyright laws are different, and in particular treat commercial production and small press by different rules; it is also treated like US comics as a 'you learn by copying the masters' place to start.
Fanfic, however, is directly in the same medium, or a related but also narrative medium. Thus the most clearly illegal of all fanworks is the post canon story of a book--that's a sequel, and the law very clearly states it is the author's right to make sequels.