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[Teacup]

Hello!

I have a question :3

In the last Eurofurence ArtShow some pictures and other things from some copyrighted characters were exhibited.
Drawings and fursuit heads of characters from "My little Pony" like Rainbow Dash, Celestia and Fluttershy (Hasbro) and some drawings of Pokemon (Game Freak Inc./Nintendo) and other things too.
So I was wondering.. it is not allowed to show someones fursona/personal character/original character on the pictures without the permission of the owner. But why is the use of copyrighted characters no problem? Why is making money of fanart, of other peoples/companys characters okay? Because it is a big company who will never visit the EF Artshow?

I don't want to start a fight or something and I don't want to offend someone, I just wondered. And some of my friends too.

[Cairyn]

Hello;

if you look at the Art Show Rules, they say:

"We like artists to display their own characters and creations. If you use other people's characters, you should ask for the approval of the creator. Please avoid the use of characters created by large companies. Again, we do not exclude that content, since it is allowed in the context of parodies or derivative artistic work, but you need to make sure that you don't violate any trademark or copyright laws."

So, actually neither is forbidden, because there are legal situations where the use of copyrighted characters is actually allowed. Then there is the possibility that the artist actually obtained permission from the owner to use the character. Some characters may not even reach the necessary level of creativity to be protected. Also, there are companies that allow (and even encourage) the use of their works for fan art.

Even more difficult does it get if they are changed; if you make a Pokemon into an anthropomorphic figure, is that still the same character, is it sufficiently similar, is it a derivative? What about using a recognizeable style, which is generally not copyrightable at all but will certainly remind people of the source material?

That means: we cannot reliably judge the legality of a usage situation.

Also, we wouldn't even be able to recognize 400 different Pokemon (or numerous other characters), especially in derivative forms, so it is impossible (not to mention undesirable) to police the show for possible copyright violations. It is difficult enough to judge artwork in regard to other rules where the situation is a lot less complicated.

While we cannot realistically ban copyrighted characters altogether, we must still urge caution and good judgement, and in general discourage the use of copyrighted characters or other people's work. Should there be any dispute arising out of your use of creations of others, it is your sole responsibility to resolve it, since you are the creator, exhibitor, and seller.

Hope that helps with this question