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Copyright Versus Fan Art

Junta Fan Arts 11- share & attribute
‘Junta Fan Arts 11’ Photo by Wmforo.com

It has been said that imitation is the highest form of flattery, but this is not necessarily true when it comes to the law. All art is to some degree derivative, but where is the line drawn between derivation and theft? Everyone will have drawn Fan Art at some point, as kids if not as adults, we want to draw out favourite characters because we love them. Perhaps we’ll even write stories with them in, because we want more stories, because we want more than what’s already out there. Because we are Fans.

But every time you make Fan Art you are breaching Copyright because you do not own the intellectual property to those characters, concepts or designs. You are not the original artist, nor have they given you permission to copy their work, so you are essentially ‘nicking’ their idea. That’s the letter of the law, but what is the spirit of it? There’s a big difference between lovingly imitating and maliciously stealing.

Pg 64: Paladin Baiting

Today in Epic Fail: Amuletts plants a gem in Martin’s saddlebag then ‘steals’ it back making sure Dirk is watching her.

Creator’s Commentary: It is Dialogue Free Comics Day today and I took up the challenge to draw a comic telling the story with only pictures and no text. I hope you can follow it easily enough. There are lots of other webcomics doing the challeng as well today so make sure you check them out.

Yes Amuletts is engaging in the sport she likes to call ‘Paladin Baiting’ (quite possibly to distract for her mistake of flying off in the wrong direction on the previous page). I’ve been wanting to do this for a while. You can assume she does this ‘fake theft’ thing quite a bit in order to confuse Dirk.

Pg 42: Redefining Theft

This week in Epic Fail: Amuletts’ tries to avoid the accusation of theft by calling it something different. Strangely enough this tactic doesn’t work on the Paladin. He gets her in a wrist-lock, forcing her to drop the second Orb and demands to know what else she stole. She admits to stealing a necklace that she is hiding in her… *ahem*

Creator’s Commentary: I hope you appreciate the backgrounds, they took me ages this time. It would be much easier if I just used a block of colour or something.

For some reason I kept misspelling ‘else’ as ‘elf.’