2008-10-08, 21:56
How's the situation?
Obviously, a lot of FanArt uses at least parts of Movies/Promo images/Wallpapers that are made by/under copyright of the publishing studios.
Wikipedia says:
American copyright law allows for the production, display and distribution of derivative works if they fall under a fair use exemption. Generally small excerpts from larger works that have no financial impact on the original and that are done for non commercial purposes could be considered a fair use (depending on a number of circumstances). American courts also typically grant broad protection to parody and some fan art may fall into this category. This is a legal gray area, which is not related, and legality can often not be determined until after litigation has concluded.
So, if I make FanArt for Formula One (where the rights holders remove any youtube video within minutes) i might get into trouble if I release them to the public, right?
Obviously, a lot of FanArt uses at least parts of Movies/Promo images/Wallpapers that are made by/under copyright of the publishing studios.
Wikipedia says:
American copyright law allows for the production, display and distribution of derivative works if they fall under a fair use exemption. Generally small excerpts from larger works that have no financial impact on the original and that are done for non commercial purposes could be considered a fair use (depending on a number of circumstances). American courts also typically grant broad protection to parody and some fan art may fall into this category. This is a legal gray area, which is not related, and legality can often not be determined until after litigation has concluded.
So, if I make FanArt for Formula One (where the rights holders remove any youtube video within minutes) i might get into trouble if I release them to the public, right?
