DeviantArt Conventions | Fan Art Law at Comic-Con (SDCC 2012)

Introduction

This tutorial explores the important aspects of fan art law as discussed by Josh Wattles during the DeviantArt conventions at Comic-Con 2012. Understanding copyright law is essential for artists who create fan art, as it helps protect their rights while respecting the intellectual property of original creators. This guide will break down key insights and actionable steps to navigate fan art within the legal framework.

Step 1: Understand Copyright Basics

• Know what copyright protects: Copyright law protects original works of authorship, which includes art, music, literature, and more.
• Duration of copyright: Copyright lasts for the life of the creator plus 70 years in many jurisdictions.
• Fair Use Doctrine: Familiarize yourself with the Fair Use Doctrine, which allows limited use of copyrighted material without permission under certain conditions, such as criticism, commentary, and parody.

Step 2: Recognize the Rights of Original Creators

• Moral Rights: Original creators have moral rights, which include the right to attribution and the right to object to derogatory treatment of their work.
• Licensing and Permissions: Always seek permission from the original creator if you plan to sell or distribute your fan art. Some creators may have specific guidelines for fan art.

Step 3: Create Fan Art Responsibly

• Transformative Work: Ensure your fan art is transformative—adding new expression or meaning to the original work—can strengthen your Fair Use argument.
• Attribution: Give credit to the original creator in your fan art, even if it's not legally required. This fosters goodwill within the community.

Step 4: Know the Risks of Selling Fan Art

• Legal Consequences: Selling fan art without permission can lead to cease-and-desist letters or lawsuits from the original creators or their representatives.
• Alternative Revenue Streams: Consider creating original artwork inspired by fan art themes, which can be sold without legal complications.

Step 5: Stay Informed and Updated

• Follow Legal Developments: Copyright law is continually evolving, especially as it pertains to digital art and online platforms. Stay informed about changes that may affect your practice.
• Join Artist Communities: Engage with other artists to share knowledge and experiences regarding copyright and fan art. Communities can provide support and valuable insights.

Conclusion

Understanding fan art law is crucial for navigating the creative landscape as an artist. By recognizing copyright basics, respecting original creators' rights, and creating responsibly, you can enjoy your passion for fan art while minimizing legal risks. Keep educating yourself and consider joining artist communities for ongoing support and updates on legal matters.