My Neighbor Mastodon 2
A new artwork I made to celebrate 20K followers on my Mastodon profile (a parody of the famous animation "My Neighbor Totoro").
I switch this artwork under 'fan-art/fair-use' because even if I painted it from scratch, the artwork contains many element of derivation that belong to Ghibli studio. I read recently a blog-post about fair-use and transformative derivation of copyrighted material, and I prefer protect myself about it.
6 comments
I think we're past the days where The Great Gianna sisters would be considered an infringement on Super Mario Bros.
May god hear you and the devil play deaf
Hehe, as an atheist, I would rather ask the grace of the randomness of events to spare me, ;-) but I'm sure that's what Pedro meant here in a quicker way. Because yes Jiří: fair-Use fan-art is a gray area and I don't think we are far from the days of The Great Gianna Sisters ( thanks for the discovery, I never crossed the case, https://en.wikipedia.org/wiki/The_Great_Giana_Sisters#Alleged_lawsuit ).
In case one is a known artist and their work isn't considered as a potential loss of money for the copyright holders (and even bring free advertisements, maintaining the legend/cult/fan-base); then the copyright holders often let these creators on the Internet with fair usage of their work. It's only beneficial for them.
However, they know they can stop and remove the art any time with a single email and pull out the big guns with lawyers. And win it, they know it. They also know that shutting down a community fan-base material can be counterproductive for communication, they can really appear as the bad guys to the community loving their material and so, stain their good public imagery. But also, for a small copyright holder/publisher/company it can be even the opportunity to play on the drama and get attention on a dying product. xD
Well, it's a dangerous game; those artists in anime conventions selling posters of their own fan-art ( eg. https://duckduckgo.com/?q=anime+convention+art+sellers&iax=images&ia=images ) live dangerously, IMO. ^__^
For a contrasting view, from people who might actually help financially with a legal challenge, see https://archiveofourown.org/faq?language_id=fr
(or https://archiveofourown.org/faq?language_id=en for English)
The Doujin or DOK mark may also be of interest.
Capcom vs Data East (Street Fighter 2 vs Fighter's History). Copyright land lords never 'own' stuff, they control (get right for lawsuit) because of government give monopoly. But lawsuit can fail, always risk for both side.
This style art is good reason monoploy need become short (14 years maximum), require register with government, and need renew every 5 years, for get stuff in public domain fast.
Way for defeat copyright land lords for this art (and get CC BY SA or CC0, public dómain challenge) use same idea but diferent parts:
• Snow storm
• Day time
• Train station with snow forest background
• Swich châracter position
• Carrot play in snow
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