• TehPers@beehaw.org
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      3 days ago

      Fair use, in the US anyway, is based on four factors (source):

      (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

      (2) the nature of the copyrighted work;

      (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

      (4) the effect of the use upon the potential market for or value of the copyrighted work.

      Not selling fan art helps to bolster factor #1, though that alone isn’t enough. Fair use itself would need to be determined by a judge, but ensuring the work is transformative enough and doesn’t disincentivize someone from purchasing the original work is probably enough commercial or not, but noncommercial theoretically should help.

      (Not a lawyer, but I’ve followed this a bit)

      Edit: note that fan art could be fair use but violate a trademark or other similar protected mark.