Use of copyright characters

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  2 Weeks Ago
Use of copyright characters

Is it a big deal if I create a copyrighted character for a personal project, lets say, like a digital painting, without asking it's owner.
 
  2 Weeks Ago
Hi Bennel,
In the moment where this work becomes publically available: Yes. Of course. That's what copyright is about.
Kind regards
Tiles
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  2 Weeks Ago
People do a lot of personal artwork of copyrighted content, but technically you aren't allowed to share it. However, I haven't heard of any issues with people doing that, it becomes an issue if you try to sell your artwork.
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  2 Weeks Ago
That's unfortunately not true. It remains a copyright issue in the moment where you make the artwork public. Some car manufracturers doesn't tolerate not licensed image material for example. No matter if professional or not. I know of hobbyists who had to trash their images because of the license holders were after them then.
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  2 Weeks Ago
The use of recognizable copyrighted material in art is a very grey area. Technically, 'fair use' rules allow for the use of copyrighted material in art as long as the derivative art is sufficiently transformative. However, that definition is highly subjective. The answer to your question thus lies in just how transformative your artwork is going to  be and how just defensible you think your position will be should you unfortunately end up having to defend it in court. The probability of this happening (as has been pointed out) increases if you make your artwork public and even more so if you generate revenues from your artwork. For an example see Hummvee sues Activision. Thing is, if the copyright holder is a corporation they can afford to take you to court (a time consuming and costly process) no mater how valid your claim - so the safest option is not to use copyrighted material at all. But of course, some types of artistic vision draw heavily from interpretation of what might be copyrighted material. The College Art Association (US) has published useful guidelines such as this one. I would recommend starting here if you want to understand more.
 
  2 Weeks Ago
What if the character I use has the likeness of a copyrighted character but with a different name?
 
  2 Weeks Ago
The borders after which point modified artwork becomes your artwork is very fluent. And it always is about the single case. The modification has to be strong enough to count as own art.

Let's go with an example. A Super Mario character with red shirt, blue trousers and a mustache will remain a Super Mario character. You can be sued, even when you use another name. Make the shirt yellow, the trouser black and remove the mustache, and you might be good to go. But call it Super Mario, and you can be sued again.
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Last edited by Tiles : 2 Weeks Ago at 07:49 AM.
 
  1 Week Ago
Why do you choose a likeness to a copyrighted character?
If the answer is "because it can be recognized as that character" you are in violation of the copyright. That is what it is all about.
People use copyrighted chacracters, or symbols etc., because they want to gain from the intellectual property of the original creator, which is exactly what the copyright tries to prevent.
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Last edited by Srek : 1 Week Ago at 02:28 PM.
 
  1 Week Ago
Yep. Make your own art. That's the best thing
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  1 Week Ago
A vast a gray area.
To simplify it. If any of these big IP owners decide to make a big deal out of you  -for any reason at all -can you really afford to fight it? Because it is expensive to fight them.
Even if you think they are just being bullies and wrong. Do you have the $ to win?
Most of the time this is the breaking point because the IP owners usually have a lot more money than you do. Look at the cases
where folks like Disney were accused of stealing ideas from 'little guys'. They have the money to never really 'lose'.

If you are really wanting to make say  'fan art'-but want to use it as a portfolio piece -because you are proud of the result- simply just don't put it on the internet
and show it at interviews only via a personal storage device.
 
  1 Week Ago
Originally Posted by Tiles: That's unfortunately not true. It remains a copyright issue in the moment where you make the artwork public. Some car manufracturers doesn't tolerate not licensed image material for example. No matter if professional or not. I know of hobbyists who had to trash their images because of the license holders were after them then.
That's exactly what I said, while it's technically still a copyright issue, it's extremely rare for anyone to go after someone who made some personal artwork, I've only seen cases where they go after someone when they try to sell it, there's plenty of people making 3D models of cars and characters and stuff, it's extremely common even though it's technically something that the copyright owners could fight.
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  1 Week Ago
Just to remind ...

BMW sued turbosquid

It's not rare. And it isn't commercial cases neither. I personally know a person who had to remove his car image from the internet.
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Last edited by Tiles : 1 Week Ago at 06:02 PM. Reason: one more sentence
 
  1 Week Ago
Originally Posted by darthviper107: People do a lot of personal artwork of copyrighted content, but technically you aren't allowed to share it. However, I haven't heard of any issues with people doing that, it becomes an issue if you try to sell your artwork.
 Isnt it allowed under fair-use as fanwork?
 
  1 Week Ago
Fanwork is tolerated, but not legal.
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  1 Week Ago
That's the case of people trying to sell it, for example if you made artwork of a Disney property and tried to sell it there's probably a 50% chance they'd go after you, but if you're making artwork without selling it it's extremely unlikely---this isn't to say that you can use a copyright for anything as long as it's free but rather that artwork rarely has the issue, if you look at any website where people post work that they've done like Artstation or here then there's a massive amount of copyrighted content, including things like cars. If you're doing it for your portfolio the chances of there being an issue is extremely low.
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