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Fan art

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Fan art is the creative work produced by fans of a specific celebrity or work of fiction. These artists depict characters, events, or other elements from the original source material. In the study of creative production, this is often called fan labor. This term signifies that the art was not commissioned by the original creators. Furthermore, the creators have not officially endorsed the work. This distinction separates fan labor from professional work authorized by a studio or author.

The process of creating fan art involves many different artistic methods. Artists may use traditional tools like paints and drawings to capture their subjects. Many modern creators use digital art to build their pieces. Other forms include sculptures, video art, and web-based animations. Fans also create graphic designs, photo collages, and posters. Some even make digital avatars or web banners for online use. These various methods allow fans to express their connection to a story.

Fan art can be categorized by how it relates to the original story. Some pieces keep characters in settings that match the original work. Other artists place pre-existing characters into entirely new contexts. This allows for cultural commentary or social criticism through art. By changing the situation, artists can explore alternate meanings or fan theories. This helps the community engage with the media in deeper ways. Some art even falls under the concept of Rule 34, which involves erotic representations.

The definition of fan art has shifted over time. In science fiction fandom, the term had a much older meaning. It traditionally described original artwork related to fantasy or science fiction. This art was not derivative of a specific show or book. Instead, it was original work created by fan artists for specific audiences. These pieces appeared in non-paying publications like fanzines or semiprozines. They were also shown at art shows during science fiction conventions. The Hugo Award for Best Fan Artist has recognized these creators every year since 1967.

Technology has drastically changed how fan art is made and shared. Producer Bryan Konietzko noted a major shift in the industry. During the production of Avatar between 2005 and 2008, fan art was often simple. Fans might send charming, childish crayon drawings inside an envelope. By the time of Korra from 2012 to 2014, the process became digital. A fan can take a screenshot with a phone and post it instantly. Others can then un-skew, crop, and animate that image into a GIF. This digital speed allows for rapid sharing across the internet.

Legal issues regarding fan art are complex in the United States. Under 17 U.S.C. § 106, the original author controls the right to reproduce work. Fan art using existing characters may be seen as a derivative work. This means the copyright owner holds the legal power over that content. Making or distributing such works could technically be considered unlawful. However, the law provides a specific exemption known as fair use under 17 U.S.C. § 107. This allows for the use of copyrighted material under certain conditions.

To determine fair use, courts use a multipronged rubric. They evaluate the amount of the original work that was used. They also look at the transformative nature of the new piece. Judges consider if the use was for non-commercial or educational purposes. Finally, they check the economic effect on the original copyright holder. Courts also often grant broad protection to parody. A parody is a work that mocks or makes fun of the original. Because each case is unique, courts must perform a fact-intensive inquiry for every work.

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