this post was submitted on 17 Mar 2024
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When they use that fan art in the next official marvel movie, yes absolutely they should.
But it's their character, you didn't ask permission to make the art out of a copyright, why should they pay you?
It’s their character, but it’s your work.
They cant just steal your work for their own monetary gain, just the same as you cant steal their character for your own monetary gain.
Both sides have contributed something here, but one side is profiting off the other through theft.
But the rub is, under fair use you can’t profit from it though, so as soon as you accept payment, now they can sue you. So in the end, they win and get it for free regardless.
If the rights holders enter into a contract and pay you for your work, I don't think they can turn around and sue you for making a profit off of it. I'm no lawyer, but I don't think the law is that far gone.
But how can they make a contract? Signing it would violate fair use exemption before that could be argued.
Corps are abusing a conflict within the laws, it’s not even a loophole, it’s just the unfortunate way the laws that protect each person/industry don’t agree.
There's nothing conflicting about this.
They have a right to the IP, you have a right to your works.
They can make a contract with you to use your works in their IP.
No, that violates the fair use act, and is the entire point, you can’t commercialize and profit from other people’s work. A contract would literally mean you’ve commercialized it, and have violated the fair use act…. It can’t happen, it’s literally why corps are doing this, and getting away with it.
It sucks, argue that it shouldn’t be that way, but it’s reality, sorry.
Negative.
https://en.wikipedia.org/wiki/Fair_use
and
You can enter into a contract. There is no requirement that the original work is unpaid. Quite the opposite. If the original IP owner purchases it, since they own the IP there's no case of copyright infringement. And nothing stops the work creator from entering into contracts.
Edit: I'm not arguing this. This is literally the ONLY way to get paid for fair use materials. Period. You're wrong. Fair use is an anti-copyright lawsuit claim. There is no issue of copyright if you sell to the original copyright owners.
And even then... EVEN IF you were correct. Your claim that they cannot sell it to the original IP holders doesn't just allow them to steal the work. That's still theft.
Contracting someone to use an artwork they made of your character would implicitly grant a license for them to make commercial profit off of that transaction.
Profit is not explicitly one of the four factors of fair use.
They're still taking something they didn't make and selling it as though they did. I have every right to write and film a Batman movie, spend as much time I want making it professional, and then show it to people, as long as I don't charge them for it. That doesn't give Fox or whoever the right to take my movie and charge for it instead. Even if I did break the law by making people pay for it, the actual owners would only be entitled to that money, not to go make mroe money off of it themselves. It's still my work even if it uses concepts invented by someone else.
There's a reason every franchise under the sun has mountains of fanart and fanfic without the companies that own them trying to take control of it: it's blatantly illegal.