Fan art

Last updated

A fan's depiction of Harry Potter Harry Potter fanart - Cor-Sa.jpg
A fan's depiction of Harry Potter

Fan art or fanart is artwork created by fans of a work of fiction and derived from a series character or other aspect of that work. As fan labor, fan art refers to artworks that are neither created nor (normally) commissioned or endorsed by the creators of the work from which the fan art derives.

Contents

A different, older meaning of the term is used in science fiction fandom, where fan art traditionally describes original (rather than derivative) artwork related to science fiction or fantasy, created by fan artists, and appearing in low- or non-paying publications such as semiprozines or fanzines, and in the art shows of science fiction conventions. The Hugo Award for Best Fan Artist has been given each year since 1967 to artists who create such works. Like the term fan fiction (although to a lesser extent), this traditional meaning is now sometimes confused with the more recent usage described above.

Forms

Fan art can take many forms. In addition to traditional paintings and drawings and digital art, fan artists may also create conceptual, sculpture, video art, livestreams, web banners, avatars, collages, graphic designs or web-based animations, as well as photo collages, posters, artistic representations of quotes from a work or artistic representations of characters in new contexts or in contexts that are in keeping with the original series.

The broad availability of digital image processing and the Internet, as well as text-to-image generators, has greatly increased the scope and potential reach of fan art. American TV producer Bryan Konietzko wrote in 2013:

"I remember back in the Avatar days [2005–2008]... the typical fanart we would get would be a charming, childish crayon drawing stuffed in an envelope. Nowadays on Korra [2012–2014], I take a skewed screenshot with my phone, post it, and shortly thereafter someone un-skews it, crops it, separates the character levels, clones the background, "Ken Burns" it with a multilevel slide, animates the characters blinking and talking, tints it, and makes a GIF out of it, that I then see on the same phone with which I took the original picture. Times they are a-changin'..." [1]

Rule 34, the idea that everything is represented in internet pornography, commonly takes the form of erotic fan art. [2]

Fan art can also serve as cultural commentary or criticism, presenting established characters in new situations or contexts which would never appear in canon. This allows fans and artists to explore deeper or alternate meanings, as well as fan theories, about their favorite media. [3]

United States

The legal status of derivative fan made art in America may be tricky due to the vagaries of the United States Copyright Act. Generally, the right to reproduce and display pieces of artwork is controlled by the original author or artist under 17 U.S.C. § 106. Fan art using settings and characters from a previously created work could be considered a derivative work, which would place control of the copyright with the owner of that original work. Display and distribution of fan art that would be considered a derivative work would be unlawful.

However, American copyright law allows for the production, display and distribution of derivative works if they fall under a fair use exemption, 17 U.S.C. § 107. A court would look at all relevant facts and circumstances to determine whether a particular use qualifies as fair use; a multi-pronged rubric for this decision involves evaluating the amount and substantiality of the original appropriated, the transformative nature of the derivative work, whether the derivative work was done for educational or noncommercial use, and the economic effect that the derivative work imposes on the copyright holder's ability to make and exploit their own derivative works. None of these factors is alone dispositive.

American courts also typically grant broad protection to parody, and some fan art may fall into this category. This has not explicitly been adjudicated with respect to fan art, however. Moreover, while parody is typically afforded protection under § 107, a court must engage in a fact-intensive, case-specific inquiry for each work.

See also

Related Research Articles

A remix is a piece of media which has been altered or contorted from its original state by adding, removing, or changing pieces of the item. A song, piece of artwork, book, poem, or photograph can all be remixes. The only characteristic of a remix is that it appropriates and changes other materials to create something new.

<i>Avatar: The Last Airbender</i> American animated television series

Avatar: The Last Airbender(abbreviated as ATLA), also known as Avatar: The Legend of Aang in some regions, is an American animated fantasy action television series created by Michael Dante DiMartino and Bryan Konietzko and produced by Nickelodeon Animation Studio.

<span class="mw-page-title-main">Remix culture</span> Society that allows and encourages derivative works

Remix culture, also known as read-write culture, is a term describing a culture that allows and encourages the creation of derivative works by combining or editing existing materials. Remix cultures are permissive of efforts to improve upon, change, integrate, or otherwise remix the work of other creators. While combining elements has always been a common practice of artists of all domains throughout human history, the growth of exclusive copyright restrictions in the last several decades limits this practice more and more by the legal chilling effect. In reaction, Harvard law professor Lawrence Lessig, who considers remixing a desirable concept for human creativity, has worked since the early 2000s on a transfer of the remixing concept into the digital age. Lessig founded the Creative Commons in 2001, which released a variety of licenses as tools to promote remix culture, as remixing is legally hindered by the default exclusive copyright regime applied on intellectual property. The remix culture for cultural works is related to and inspired by the earlier Free and open-source software for software movement, which encourages the reuse and remixing of software works.

<span class="mw-page-title-main">Work of art</span> Artistic creation of aesthetic value

A work of art, artwork, art piece, piece of art or art object is an artistic creation of aesthetic value. Except for "work of art", which may be used of any work regarded as art in its widest sense, including works from literature and music, these terms apply principally to tangible, physical forms of visual art:

Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), was a United States Supreme Court copyright law case that established that a commercial parody can qualify as fair use. This case established that the fact that money is made by a work does not make it impossible for fair use to apply; it is merely one of the components of a fair use analysis.

<span class="mw-page-title-main">Bryan Konietzko</span> American animation director

Bryan Konietzko is an American animator, writer, producer and director. He is best known, together with Michael Dante DiMartino, as the co-creator and executive producer of the animated series Avatar: The Last Airbender and The Legend of Korra.

<span class="mw-page-title-main">Legal issues with fan fiction</span>

Fanfiction has encountered problems with intellectual property law due to usage of copyrighted characters without the original creator or copyright owner's consent.

In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright. Transformation is an important issue in deciding whether a use meets the first factor of the fair-use test, and is generally critical for determining whether a use is in fact fair, although no one factor is dispositive.

A video mashup combines multiple pre-existing video sources with no discernible relation with each other into a unified video. These are derivative works as defined by the United States Copyright Act 17 U.S.C. § 101, and as such, may find protection from copyright claims under the doctrine of fair use. Examples of mashup videos include movie trailer remixes, vids, YouTube poop, and supercuts.

<i>L.H.O.O.Q.</i> Readymade by Marcel Duchamp

L.H.O.O.Q. is a work of art by Marcel Duchamp. First conceived in 1919, the work is one of what Duchamp referred to as readymades, or more specifically a rectified ready-made. The readymade involves taking mundane, often utilitarian objects not generally considered to be art and transforming them, by adding to them, changing them, or simply renaming and reorienting them and placing them in an appropriate setting. In L.H.O.O.Q. the found object is a cheap postcard reproduction of Leonardo da Vinci's early 16th-century painting Mona Lisa onto which Duchamp drew a moustache and beard in pencil and appended the title.

Fan labor, also called fan works, are the creative activities engaged in by fans, primarily those of various media properties or musical groups. These activities can include creation of written works, visual or computer-assisted art, films and videos, animations, games, music, or applied arts and costuming.

In art, appropriation is the use of pre-existing objects or images with little or no transformation applied to them. The use of appropriation has played a significant role in the history of the arts. In the visual arts, "to appropriate" means to properly adopt, borrow, recycle or sample aspects of human-made visual culture. Notable in this respect are the readymades of Marcel Duchamp.

<span class="mw-page-title-main">Derivative work</span> Concept in copyright law

In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of a first, previously created original work. The derivative work becomes a second, separate work independent from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative works.

<span class="mw-page-title-main">Collage</span> Technique of art production using assemblage of different forms

Collage is a technique of art creation, primarily used in the visual arts, but in music too, by which art results from an assemblage of different forms, thus creating a new whole.

A parody is a creative work designed to imitate, comment on, and/or mock its subject by means of satirical or ironic imitation. Often its subject is an original work or some aspect of it, but a parody can also be about a real-life person, event, or movement. Literary scholar Professor Simon Dentith defines parody as "any cultural practice which provides a relatively polemical allusive imitation of another cultural production or practice". The literary theorist Linda Hutcheon said "parody ... is imitation, not always at the expense of the parodied text." Parody may be found in art or culture, including literature, music, theater, television and film, animation, and gaming.

DeviantArt, historically stylized as deviantART, is an American online art community that features artwork, videography, and photography, launched on August 7, 2000, by Angelo Sotira, Scott Jarkoff, and Matthew Stephens among others.

Art and culture law refers to legal aspects of the visual arts, antiquities, cultural heritage, and the art market and encompasses the safeguarding, regulation, and facilitation of artistic creation, utilization, and promotion. Practitioners of art law navigate various legal areas, including intellectual property, contract, constitutional, tort, tax, commercial, immigration law, estates and wills, cultural property law, and international law to protect the interests of their clients.

Doujinshi (同人誌), also romanized as dōjinshi, is the Japanese term for self-published print works, such as magazines, manga, and novels. Part of a wider category of doujin (self-published) works, doujinshi are often derivative of existing works and created by amateurs, though some professional artists participate in order to publish material outside the regular industry.

<i>Overwatch</i> and pornography Pornography of the first-person shooter game Overwatch

Blizzard Entertainment's 2016 video game Overwatch inspired a notable amount of fan-made pornography. The game's distinct and colorful character designs drew the attention of many online content creators, resulting in sexually explicit fanart. Character models were ripped from the beta versions of the game and subsequently spread, edited, and animated on the Internet.

Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 598 U.S. 508 (2023), is a U.S. Supreme Court case dealing with transformative use, a component of fair use, under U.S. copyright law. At issue was the Prince Series created by Andy Warhol based on a photograph of the musician Prince by Lynn Goldsmith. It held Warhol's changes were insufficiently transformative to fall within fair use for commercial purposes, resolving an issue arising from a split between the Second and Ninth circuits among others.

References

  1. Konietzko, Bryan (30 March 2013). "I remember back in the Avatar days…". Tumblr. Retrieved 30 March 2013.
  2. "Rule 34". Know Your Meme. 18 May 2009. Retrieved 7 September 2021.
  3. Manifold, Marjorie Cohee (2009). "What Art Educators Can Learn from the Fan-based Artmaking of Adolescents and Young Adults". Studies in Art Education. 50 (3): 257–271. doi:10.1080/00393541.2009.11518772. JSTOR   40650336. S2CID   218767560 . Retrieved 2 July 2021.