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.
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.
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.
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.
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.
Profit is not explicitly one of the four factors of fair use.
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.