But the rub is, under fair use you can’t profit from it though, so as soon as you accept payment, now they can sue you. So in the end, they win and get it for free regardless.
If the rights holders enter into a contract and pay you for your work, I don’t think they can turn around and sue you for making a profit off of it. I’m no lawyer, but I don’t think the law is that far gone.
But how can they make a contract? Signing it would violate fair use exemption before that could be argued.
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.
They can make a contract with you to use your works in their IP.
No, that violates the fair use act, and is the entire point, you can’t commercialize and profit from other people’s work. A contract would literally mean you’ve commercialized it, and have violated the fair use act…. It can’t happen, it’s literally why corps are doing this, and getting away with it.
It sucks, argue that it shouldn’t be that way, but it’s reality, sorry.
Thus, fair use need not even be raised as a defense unless the plaintiff first shows (or the defendant concedes) a prima facie case of copyright infringement.
and
However, binding agreements such as contracts or licence[sic] agreements may take precedence over fair use rights.
You can enter into a contract. There is no requirement that the original work is unpaid. Quite the opposite. If the original IP owner purchases it, since they own the IP there’s no case of copyright infringement. And nothing stops the work creator from entering into contracts.
Edit: I’m not arguing this. This is literally the ONLY way to get paid for fair use materials. Period. You’re wrong. Fair use is an anti-copyright lawsuit claim. There is no issue of copyright if you sell to the original copyright owners.
And even then… EVEN IF you were correct. Your claim that they cannot sell it to the original IP holders doesn’t just allow them to steal the work. That’s still theft.
Contracting someone to use an artwork they made of your character would implicitly grant a license for them to make commercial profit off of that transaction.
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.
You are not logged in. However you can subscribe from another Fediverse account, for example Lemmy or Mastodon. To do this, paste the following into the search field of your instance: [email protected]
Welcome to the largest gaming community on Lemmy! Discussion for all kinds of games. Video games, tabletop games, card games etc.
Rules
1. Submissions have to be related to games
Video games, tabletop, or otherwise. Posts not related to games will be deleted.
This community is focused on games, of all kinds. Any news item or discussion should be related to gaming in some way.
2. No bigotry or harassment, be civil
No bigotry, hardline stance. Try not to get too heated when entering into a discussion or debate.
We are here to talk and discuss about one of our passions, not fight or be exposed to hate. Posts or responses that are hateful will be deleted to keep the atmosphere good. If repeatedly violated, not only will the comment be deleted but a ban will be handed out as well. We judge each case individually.
3. No excessive self-promotion
Try to keep it to 10% self-promotion / 90% other stuff in your post history.
This is to prevent people from posting for the sole purpose of promoting their own website or social media account.
4. Stay on-topic; no memes, funny videos, giveaways, reposts, or low-effort posts
This community is mostly for discussion and news. Remember to search for the thing you’re submitting before posting to see if it’s already been posted.
We want to keep the quality of posts high. Therefore, memes, funny videos, low-effort posts and reposts are not allowed. We prohibit giveaways because we cannot be sure that the person holding the giveaway will actually do what they promise.
5. Mark Spoilers and NSFW
Make sure to mark your stuff or it may be removed.
No one wants to be spoiled. Therefore, always mark spoilers. Similarly mark NSFW, in case anyone is browsing in a public space or at work.
6. No linking to piracy
Don’t share it here, there are other places to find it. Discussion of piracy is fine.
We don’t want us moderators or the admins of lemmy.world to get in trouble for linking to piracy. Therefore, any link to piracy will be removed. Discussion of it is of course allowed.
When they use that fan art in the next official marvel movie, yes absolutely they should.
But it’s their character, you didn’t ask permission to make the art out of a copyright, why should they pay you?
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.
But the rub is, under fair use you can’t profit from it though, so as soon as you accept payment, now they can sue you. So in the end, they win and get it for free regardless.
Profit is not explicitly one of the four factors of fair use.
If the rights holders enter into a contract and pay you for your work, I don’t think they can turn around and sue you for making a profit off of it. I’m no lawyer, but I don’t think the law is that far gone.
But how can they make a contract? Signing it would violate fair use exemption before that could be argued.
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.
There’s nothing conflicting about this.
They have a right to the IP, you have a right to your works.
They can make a contract with you to use your works in their IP.
No, that violates the fair use act, and is the entire point, you can’t commercialize and profit from other people’s work. A contract would literally mean you’ve commercialized it, and have violated the fair use act…. It can’t happen, it’s literally why corps are doing this, and getting away with it.
It sucks, argue that it shouldn’t be that way, but it’s reality, sorry.
Negative.
https://en.wikipedia.org/wiki/Fair_use
and
You can enter into a contract. There is no requirement that the original work is unpaid. Quite the opposite. If the original IP owner purchases it, since they own the IP there’s no case of copyright infringement. And nothing stops the work creator from entering into contracts.
Edit: I’m not arguing this. This is literally the ONLY way to get paid for fair use materials. Period. You’re wrong. Fair use is an anti-copyright lawsuit claim. There is no issue of copyright if you sell to the original copyright owners.
And even then… EVEN IF you were correct. Your claim that they cannot sell it to the original IP holders doesn’t just allow them to steal the work. That’s still theft.
Contracting someone to use an artwork they made of your character would implicitly grant a license for them to make commercial profit off of that transaction.
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.