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Bugs: Recent Topics Paging, Uploading Images & Preview (11 Dec 2020)

Recent Topics paging, uploading images and preview bugs require a patch which has not yet been released.

× Talk about other nerd culture stuff in here.

Fan Art

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01 May 2015 13:12 #201759 by Shellhead
Fan Art was created by Shellhead
Fan art is artwork that is based on copyrighted material without obtaining the right to do that artwork. You can often see and even purchase fan art at conventions, including gaming conventions, science-fiction conventions, and especially comic book conventions.But apparently all fan art is copyright infringement unless the artist has obtained permission from the copyright holder to create that art. Even if somebody isn't trying to profit from their fan art and is just giving it away, they are still engaging in copyright infringement.

I am currently working on a personal project, a game design that will result in a single set that I will only play with friends. I plan to make extensive use of fan art created by fan artists, all of which I have downloaded off the internet without the permission of the fan artists. My game is based on the same source material, and I will not be bothering to get permission from the copyright holder, as she is the bitter estranged widow of the original creator, and has opposed nearly every proposed licensing deal since his death. However, I have seen at least four other people post rules for their own games based on that copyrighted project, with no apparent hassle by the copyright holder, though the guys in eastern Europe who have been selling copies of their game may be pushing their luck.

Is there any reasonable way that I can share my creation with people here at F:AT, aside from playing my game with a few local F:ATties?

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01 May 2015 13:25 #201762 by Michael Barnes
Replied by Michael Barnes on topic Fan Art
If one of my friends showed me "Fan Art" in a private context I would do the right thing and immediately alert INTERPOL.

A friend in Elementary school showed me a drawing he made of "Bobba Fett" in art class so I blew the whistle on him...he's still locked up on like 100 counts of fan art.
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01 May 2015 14:16 #201764 by charlest
Replied by charlest on topic Fan Art
Put your game up on Pirate Bay and I'll download it.

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01 May 2015 16:27 #201767 by stoic

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01 May 2015 16:46 #201768 by hotseatgames
Replied by hotseatgames on topic Fan Art
If this is the only way we can get Mr. Rogers vs. Predator, I'm all for it.

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01 May 2015 17:22 #201775 by edulis
Replied by edulis on topic Fan Art
I think you could argue 'fair use'.

From Library School:
The law specifies four factors that are to be considered when determining if any given use is fair. Note that most of these factors have to do with the work being borrowed from, not with the use to which it is being put:

"In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include-

(1) the purpose and character of the use, including whether such use is of commercial nature of is for nonprofit educational purposes;
(2) the nature of the copyright work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon potential market of the copyrighted work." 17 USC 107

so
1) Your work is not commercial (more fair use)
2) Your work will be unpublished (more fair use) and creative. (less fair use)
3) Art lifted and used in full might be frown on here. However we were taught that the smaller size an image in the less likely it will be deemed as a copyright violation. ie posting a thumbnail of an image is the same as quoting a paragraph from a book.
4) Since they are never going to make a game on this subject- no effect on the market.

I'd credit the creators of the art and just make it available. The worst that would happen is someone would tell you to stop.
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