Comment on AI Didn't Break Copyright Law, It Just Exposed How Broken It Already Was
Luminous5481@anarchist.nexus 2 days agoFan art is not illegal.
Off the top of my head, I know both Disney and Nintendo have sued people for making fan art. Fair use doesn’t explicitly allow you to make fan art, regardless of its transformative nature, and whether or not you owe Disney hundreds of thousands of dollars for drawing Mickey depends on court review on a case-by-case basis because it not technically legal in the US. It may also not be technically illegal, but that doesn’t mean a corporation can’t sue you and be awarded millions in civil damages if they think you profited off the art in some way.
A quick google search will source you lawyers saying such.
ToTheGraveMyLove@sh.itjust.works 2 days ago
Just to clarify, somebody suing another party doesn’t automatically mean that party broke any laws. Big companies especially will sooner sue the little guy even if they did nothing legally wrong because the know the little guy most likely won’t have the resources to fight it, even if they would have won.
Luminous5481@anarchist.nexus 2 days ago
Yes, that’s literally what I said. Fan art may not be illegal, but it’s not legal either. The point is moot, however. If a corporation with billions or trillions of dollars can sue you with impunity, while even a meager defense can financially ruin you for life, then there is no practical difference between a legal and illegal act. The fact remains that fighting someone like Disney over something like fanart is beyond the ability of nearly everyone on earth.
ToTheGraveMyLove@sh.itjust.works 2 days ago
Yeah, I was adding onto it. Cool your jets. We’re in agreement.
Luminous5481@anarchist.nexus 2 days ago
You’re right, that was my bad