Fan art
Encyclopedia
Fan art or fanart is artwork
that is based on a character
, costume
, collage
, item, or story
that was created by someone other than the artist, such as a fan
, from which the word is derived from. The term, while it can apply to art done by fan
s of characters from books, is usually used to refer to art derived from visual media such as comics, movies or video games. In addition to traditional paintings and drawings, fan artists may also create web banners, avatars, or web-based animations, as well as photo collages, posters, and artistic representation of movie/show/book quotes.
Usually, it refers to fan labor
artworks by amateur artists, or artists who are unpaid for their fan creations—so that, for example, professional comic adaptations of the Star Wars
films would not be considered fanart while a version done by an unaffiliated fan would be. The distinctions here cannot always be finely drawn and the actual status of particular works can often fall into a gray area.
. Generally, the right to reproduce and display pieces of artwork is controlled by the original author or artist under 17
U.S.C. § 106. However, 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.
Work of art
A work of art, artwork, art piece, or art object is an aesthetic item or artistic creation.The term "a work of art" can apply to:*an example of fine art, such as a painting or sculpture*a fine work of architecture or landscape design...
that is based on a character
Character (arts)
A character is the representation of a person in a narrative work of art . Derived from the ancient Greek word kharaktêr , the earliest use in English, in this sense, dates from the Restoration, although it became widely used after its appearance in Tom Jones in 1749. From this, the sense of...
, costume
Costume
The term costume can refer to wardrobe and dress in general, or to the distinctive style of dress of a particular people, class, or period. Costume may also refer to the artistic arrangement of accessories in a picture, statue, poem, or play, appropriate to the time, place, or other circumstances...
, collage
Collage
A collage is a work of formal art, primarily in the visual arts, made from an assemblage of different forms, thus creating a new whole....
, item, or story
Short story
A short story is a work of fiction that is usually written in prose, often in narrative format. This format tends to be more pointed than longer works of fiction, such as novellas and novels. Short story definitions based on length differ somewhat, even among professional writers, in part because...
that was created by someone other than the artist, such as a fan
Fan (person)
A Fan, sometimes also called aficionado or supporter, is a person with a liking and enthusiasm for something, such as a band or a sports team. Fans of a particular thing or person constitute its fanbase or fandom...
, from which the word is derived from. The term, while it can apply to art done by fan
Fan (person)
A Fan, sometimes also called aficionado or supporter, is a person with a liking and enthusiasm for something, such as a band or a sports team. Fans of a particular thing or person constitute its fanbase or fandom...
s of characters from books, is usually used to refer to art derived from visual media such as comics, movies or video games. In addition to traditional paintings and drawings, fan artists may also create web banners, avatars, or web-based animations, as well as photo collages, posters, and artistic representation of movie/show/book quotes.
Usually, it refers to fan labor
Fan labor
Fan labor is a term used to refer to the productive creative activities engaged in by fans, primarily those of various media properties or musical groups...
artworks by amateur artists, or artists who are unpaid for their fan creations—so that, for example, professional comic adaptations of the Star Wars
Star Wars
Star Wars is an American epic space opera film series created by George Lucas. The first film in the series was originally released on May 25, 1977, under the title Star Wars, by 20th Century Fox, and became a worldwide pop culture phenomenon, followed by two sequels, released at three-year...
films would not be considered fanart while a version done by an unaffiliated fan would be. The distinctions here cannot always be finely drawn and the actual status of particular works can often fall into a gray area.
United States
The legal status of fan made art in America may be tricky due to the vagaries of the United States Copyright ActCopyright Act
Copyright Act may refer to:Canada* Copyright Act of CanadaHong Kong*Copyright Ordinance 1997India*New Zealand* Copyright Act 1994United Kingdom...
. Generally, the right to reproduce and display pieces of artwork is controlled by the original author or artist under 17
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
U.S.C. § 106. However, fan art using settings and characters from a previously created work could be considered a derivative work
Derivative work
In United States copyright law, a derivative work is an expressive creation that includes major, copyright-protected elements of an original, previously created first work .-Definition:...
, 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
Fair use
Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders...
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
Parody
A parody , in current usage, is an imitative work created to mock, comment on, or trivialise an original work, its subject, author, style, or some other target, by means of humorous, satiric or ironic imitation...
, 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
- DōjinDojin, often romanized as doujin, is a general Japanese term for a group of people or friends who share an interest, activity, hobbies, or achievement...
- Fan fictionFan fictionFan fiction is a broadly-defined term for fan labor regarding stories about characters or settings written by fans of the original work, rather than by the original creator...
- FangameFangameFangames are video games made by fans based on one or more established video games. Many fangames attempt to clone the original game's design, gameplay and characters, but it is equally common for fans to develop a unique game using another only as a template...
- GroupieGroupieA groupie is a person who seeks emotional and sexual intimacy with a musician or other celebrity. "Groupie" is derived from group in reference to a musical group, but the word is also used in a more general sense, especially in casual conversation....
- FandomFandomFandom is a term used to refer to a subculture composed of fans characterized by a feeling of sympathy and camaraderie with others who share a common interest...
- Fan clubFan clubA fan club is a group that is dedicated to a well-known person, group, idea or sometimes even an inanimate object . Most fan clubs are run by fans who devote considerable time and resources to supporting them. There are also "official" fan clubs that are run by someone associated with the person...
- Fan loyalty
- FandomFandomFandom is a term used to refer to a subculture composed of fans characterized by a feeling of sympathy and camaraderie with others who share a common interest...
- AddictionBehavioral addictionBehavioral addiction is a form of addiction which does not rely on drugs or alcohol. Increasingly referred to as process addiction or non-substance-related addiction ) behavioral addiction includes a compulsion to repeatedly engage in an action until said action causes serious negative consequences...
- Bandwagon effectBandwagon effectThe bandwagon effect is a well documented form of groupthink in behavioral science and has many applications. The general rule is that conduct or beliefs spread among people, as fads and trends clearly do, with "the probability of any individual adopting it increasing with the proportion who have...
- Beatle BobBeatle BobBeatle Bob is a well-known figure in the St. Louis, Missouri music scene. He has been seen doing his characteristic dancing at a wide range of concerts including Ani DiFranco, Less Than Jake and Chuck Berry, both in the crowd and onstage with the performers...
- Celebrity Worship SyndromeCelebrity Worship SyndromeCelebrity worship syndrome is an obsessive-addictive disorder in which a person becomes overly involved with the details of a celebrity's personal life.Psychologists have indicated that though many people obsess over glamorous film, television, sport and pop stars, others have icons such as...
- Chacha CricketChacha CricketChaudhry Abdul Jalil aka Chacha Cricket is one of Pakistan's most ardent and famous cricket mascots and fans. Translated from Urdu, "Chacha Cricket" literally means "Uncle Cricket". He was born in Sialkot, Punjab on October 8, 1949....
- CharismaCharismaThe term charisma has two senses: 1) compelling attractiveness or charm that can inspire devotion in others, 2) a divinely conferred power or talent. For some theological usages the term is rendered charism, with a meaning the same as sense 2...
- Cult of personalityCult of personalityA cult of personality arises when an individual uses mass media, propaganda, or other methods, to create an idealized and heroic public image, often through unquestioning flattery and praise. Cults of personality are usually associated with dictatorships...
- FansiteFansiteA fansite, fan site, or fanpage is a website created and maintained by a fan or devotee interested in a celebrity, thing, or a particular cultural phenomenon...
- FanzineFanzineA fanzine is a nonprofessional and nonofficial publication produced by fans of a particular cultural phenomenon for the pleasure of others who share their interest...
- Big Name FanBig Name FanAmong science fiction, comic book, media and fantasy fans, a Big Name Fan is a member of a fandom who is particularly well-known, liked and celebrated for their writings in fanzines, semi-professional magazines and blogs; or for other contributions such as art and fanfiction...
- FanspeakFanspeakFanspeak is the slang or jargon current in science fiction and fantasy fandom, especially those terms in use among readers and writers of science fiction fanzines....
- Fanboy
- Obsession
- RoadgeekRoadgeekA roadgeek is an individual involved in "roadgeeking" or "road enthusiasm"—an interest in roads, and especially going on road trips, as a hobby...
- Trainspotter