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.
Deceptichum@sh.itjust.works 8 months ago
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.
SchmidtGenetics@lemmy.world 8 months ago
But the rub is, under fair use you can’t profit from it thought, so as soon as you accept payment, now they can sue you.
Deceptichum@sh.itjust.works 8 months ago
If the rights holders pay you for your work, I don’t think they can turn around and sue you for making a profit off of it.
SchmidtGenetics@lemmy.world 8 months ago
But how can they make a contract? Signing it would violate free use as well.
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.
catloaf@lemm.ee 8 months ago
Profit is not explicitly one of the four factors of fair use.