[ SECRET POST #4911 ]

[case]

⌈ Secret Post #4911 ⌋

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


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Notes:

Secrets Left to Post: 01 pages, 25 secrets from Secret Submission Post #703.
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)]

doesn't seem to stop fanartists

[(Anonymous)]

Yeah I've never understood that - For some reason in the past there's been more people getting into trouble by writing fanfiction and getting sued by authors/reps than people who draw up fan art on places like deviantart.

[(Anonymous)]

Two things give fan artists more leeway. First of all, each artist has their own style and that style is easily and undeniably recognizable as different from the original copyrighted work. So the argument that the fanart is transformative is much more easily made.

Secondly, if a fanartist allows their work to be viewed online, then the argument can be made that the customer is not paying them for the art. Because the art is there for them to experience for free. What the customer is paying for is a physical copy of the art, and what the artist is charging for is the work and cost of producing a physical copy of said art.

That's not to say no one could ever be sued for making money off of fanart. But unless they're making a whole wack of money, or harming the profitability of the copyrighted IP in some way, it's unlikely the copyright holder would bother trying to sue them.

[(Anonymous)]

IP holders tend to look the other way when it comes to fanart. Companies see it as free advertisement in the sense that they didn’t pay the artist. Depending on the industry fanart may even work as portfolio pieces helping visual artists get actual jobs. See #FanartGotMePaid on Twitter for examples from a few years ago.

It feels like fanart has changed rapidly compared to fanfic. The cultures surrounding art and fic by fans are so different that in a way I don’t know if it’s even fair to make the comparison.

[(Anonymous)]

Fanart also has a long, long history of being considered fair use and even as an advertisement or a job application by relevant companies such as Marvel and DC. They occasionally slap down an artist for being too loud about selling actual porn with their characters, but even that's more of a "don't bring us into disrepute" thing than a full legal takedown.