Common questions

Are fan fiction and fan art legal?

Are fan fiction and fan art legal?

Quick answer: While it is generally illegal to sell fan art, it may be OK to publish your fan art as long as you don’t make money from it. Fan art, fan fiction, or any other creative work inspired by popular culture is a complex and controversial issue.

Is fanfiction a copyright violation or no?

Fanfiction in its current form is an infringement of copyright. Fanfiction is defined by the use of characters and expression from an original creative work and the creation of derivative works, all of which is illegal under current copyright law (McCardle, 2003).

Is fan art public domain?

The answer is, if you are creating fan art whether for profit or not, any copyrighted character or use of trademark in a description or title without prior written consent from the copyright owner, then selling fan art is illegal but making fan art is not illegal.

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Does fan art count as fair use?

The fair use doctrine under copyright law does not give carte blanche protection from infringement to entire genres of derivative works like “fan art” or “mash-ups,” or to “noncommercial” depictions of famous characters.

Is fan fiction illegal?

Fanfiction in its originality can be said to be a violation of copyright laws. Fanfiction makes use of settings and characters curled out from an original work of fiction work. It creates an unoriginal work. All these it does is classified as illegal according to copyright law.

Can you legally publish fan fiction?

In general, the answer is no. Fan fiction is a derivative work under US copyright law and it cannot be legally published without permission of the copyright holder.

Is fan art allowed on redbubble?

It depends on the particular work of fan art and whether or not it infringes someone else’s rights. Broadly, fan art is a work that is inspired by another person’s content. The great news is we have a program that allows fan artists to create officially licensed designs for their favorite brands.

Is fan art allowed on Etsy?

Some intellectual property owners may see a specific use as free advertising, fan art, or otherwise fair. The intellectual property owner’s conclusion may depend on a number of factors and may vary from use to use. As you may know, Etsy removes material when we have proper notice according to Etsy’s policies.

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Can you be sued for fan fiction?

In the case where a copyright owner chooses to exercise their exclusive right to prepare derivative works against a work of fanfiction, they can sue the fanfiction writer for copyright infringement. Fanfiction will not be held liable for copyright infringement if it falls under the fair use defense.

Where can I publish fan fiction?

Top Fanfiction Websites

  • Archive Of Our Own (AO3) This is my fanfiction site of choice.
  • Commaful. I was initially skeptical of this little site, but after spending some time on it, I now post regularly and interact regularly as one of my favorite fanfic sites.
  • Fanfiction.net.
  • Tumblr.
  • Wattpad.
  • Quotev.
  • Kindle Worlds.
  • deviantArt.

Can you profit from fan fiction?

No, you can’t. You are borrowing characters that fall under copyright / trademarks / etc. They are the property of the creator or the company that paid for the creation. They are not your creation, so you cannot profit from a fan fiction story.

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Why is fan fiction considered bad for copyright?

The reason is actually fairly simple. From a copyright holder viewpoint, fan fiction and art is usually not very harmful. Fans create works that are openly recognized to be non-canon to the story and are not replacements for the original.

Does fair use protect fan-work from copyright infringement?

That being said, fair use may protect some fan creations from being an infringement, but that is handled on a case-by-case basis, looking at the facts of the actual work.

Can a fan artist get in legal trouble for fan art?

There are many lines that a fan artist can cross and wind up in legal trouble. Your best bet is to study the rules for your community and obey them closely. If you do that, you should be fine but always remember that your creations only exist through the good graces of the copyright holder and they can change their mind at any point.

What are some examples of conflict between authors and fanfiction/art communities?

Some also try to claim the fan works to be original works, often by merely changing names around. These are the cases that result in conflict between authors and fan fiction/art communities.