Animation Guild | We are 839 Digital Magazine
Issue link: https://digital.copcomm.com/i/1399900
D E PA R T M E N T 25 KEYFRAME BEST PRACTICE TIPS • "If you have something that you think is particularly unique and valuable, keep it close to your vest until you're in a position to find people who can actually help you bring it to market," says Moss. "At the end of the day, there's only so much you can do if people are sketchy." • Don't leave high-resolution digital copies with anybody, and don't post beautiful high-res images online, because they are easily copyable and repurposed. Post low-res images, which at least won't work for offline purposes. CREATING FAN ART It's important to state outright two key points. 1) It is illegal to use someone's copyrighted work in any way without their permission (unless it falls under fair use exceptions, see p.26). 2) A copyright holder can bring a suit against anyone who's infringed on their copyright no matter how small the profits of the violator—even zero. That said, there are lots of reasons why copyright holders may allow, and even encourage, derivative works, or refrain from bringing down the legal hammer when their IP is used in others' artwork. For one thing, many aspiring artists draw from well-known existing characters to hone their chops, showcase their talent, and fill out their portfolio as an enticement to fans of the original work and potential employers. Some companies even require this, and there are plenty of examples of artists hired by these companies based on that derivative work. In addition, some artists may sanction the use of their IP to increase exposure to their characters and brand. But if your unlicensed art is successful enough that you are making bank, that copyright holder is going to come after you. "Most of where the tension arises— and this is something that big media companies face all the time—is how do you draw the line between allowing something that is going to be good for your brand because you're encouraging really interested fans to surround them- selves with your IP versus [something that crosses] into a commercial area," says Moss. So yes, you can make unlicensed fan art, and even try to sell it. Some of it may even fall under fair use. For example, one-off works of fine art that utilize well- known characters in a new context have a better fair use argument than mass- produced T-shirts with well-known IP that is protected by both copyright and trademark. In the latter case, a company like DC or Warner Bros. could easily make you destroy all your product and pay damages. FALL 2021 25 THE POCKET LAWYER FOR COMIC BOOK CREATORS BY THOMAS A. CROWELL "Most of where the tension arises is how do you draw the line between allowing something that is going to be good for your brand because you're encouraging really interested fans to surround themselves with your IP versus [something that crosses] into a commercial area." —Aaron Moss