PapaBlueMarlin opened this issue on Dec 01, 2004 ยท 108 posts
ynsaen posted Wed, 01 December 2004 at 2:14 PM
Now what exactly constitues "Fan Art"? Any artistic endeavor which makes use of protected elements created by someone in homage of those marks. We'll use this rather narrow paraphrasing of the legal description (27 pages) for purposes. (Source, a paramount case from the late 70's) " mean like like if it's a scene of cartoon animals 'dressed' like Trekies but not a direct recreation from the movie, is that just a 'themed' image or is it "Fan Art"? " Fan art if the trademarked insignia of the uniforms is shown. If I do a render of trolls and little little people is that a Lord of the Rings 'themed' image or is it "Fan Art" even if it is not a recreation from the movie...just trolls and little people? Not fan art -- as described. If I do a scene of a vampire in a cape with a woman (not bloody) is that simply a 'Dracula theme' image or "Fan Art"? Not Fan art - as described. SInce the estate of Bela Lugosi still holds rights to his likeness, if your dracula resemebled him, then it would be fan art. If I do an image of a green man with a flat head is it a 'theme' of Frankenstein or "Fan Art"? Not fan art. And how about Furette, is she a 'theme' or is she now considered Furry "Fan Art" in any picture I use her in? Not fan art, in and of itself. Furrette, to some extent herself, does appear to be fan art, though. I would need to research the specifics more. Just where is the line drawn from 'theme' and 'Fan Art'? When you use the intellectual property of another, it becomes "fan art".
thou and I, my friend, can, in the most flunkey world, make, each of us, one non-flunkey, one hero, if we like: that will be two heroes to begin with. (Carlyle)