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Copyrighting fan art?

Discussion in 'Legal Issues' started by 8everything, Mar 6, 2007.

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  1. #1
    Can you copyright fan art? If you took a TV show graphic and edited it, added graphics to it on photoshop, would you gain partial copyrights to it?
     
    8everything, Mar 6, 2007 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    Taking the original or portion of the TV Show graphic would be copyright infringement - even though you edited it. You have an automatic copyright on any 100% original works you create.
     
    mjewel, Mar 6, 2007 IP
  3. 8everything

    8everything Peon

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    #3
    But would it be legal under fair-use ? Just not copyrighted to me?
     
    8everything, Mar 6, 2007 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    Fair use has a lot of grey areas and relying on it, especially for a commercial site (generates any revenue) can invite costly legal problems. In any event, it wouldn't be able to be copyrighted.

    http://en.wikipedia.org/wiki/Fair_use
     
    mjewel, Mar 6, 2007 IP
  5. Nonny

    Nonny Notable Member

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    #5
    Just to add to what mjewel said, what you are proposing is making a derivative work. Here is what the U.S. Copyright office has to say:

    http://www.copyright.gov/circs/circ1.html#wci
    The new bits of a derivative work can be copyrighted, but only the copyright holder can authorize the creation of such a work.
    http://www.copyright.gov/circs/circ14.html
     
    Nonny, Mar 6, 2007 IP
    8everything likes this.
  6. KeyboardHustler

    KeyboardHustler Well-Known Member

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    #6
    I have a friend wich build a fan game based on World of warcraft. He spoke with blizzard a few times and then they let him use all images and such :) So speak with the company that is the owner of the art. Thats the most safest :)
     
    KeyboardHustler, Mar 6, 2007 IP