United States
The legal status of fan made art in America may be tricky due to the vagaries of the United States Copyright Act. Generally, the right to reproduce and display pieces of artwork is controlled by the original author or artist under 17 U.S.C. § 106. However, fan art using settings and characters from a previously created work could be considered a derivative work, which would place control of the copyright with the owner of that original work. Display and distribution of fan art that would be considered a derivative work would be unlawful.
However, American copyright law allows for the production, display and distribution of derivative works if they fall under a fair use exemption, 17 U.S.C. § 107. A court would look at all relevant facts and circumstances to determine whether a particular use qualifies as fair use; a multi-pronged rubric for this decision involves evaluating the amount and substantiality of the original appropriated, the transformative nature of the derivative work, whether the derivative work was done for educational or noncommercial use, and the economic effect that the derivative work imposes on the copyright holder's ability to make and exploit their own derivative works. None of these factors is alone dispositive.
American courts also typically grant broad protection to parody, and some fan art may fall into this category. This has not explicitly been adjudicated with respect to fan art, however. Moreover, while parody is typically afforded protection under § 107, a court must engage in a fact-intensive, case-specific inquiry for each work.
Famous quotes related to united states:
“Places where he might live and die and never hear of the United States, which make such a noise in the world,—never hear of America, so called from the name of a European gentleman.”
—Henry David Thoreau (1817–1862)
“The boys dressed themselves, hid their accoutrements, and went off grieving that there were no outlaws any more, and wondering what modern civilization could claim to have done to compensate for their loss. They said they would rather be outlaws a year in Sherwood Forest than President of the United States forever.”
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)
“The United States is not a nation to which peace is a necessity.”
—Grover Cleveland (1837–1908)
“In the United States there is more space where nobody is is than where anybody is.”
—Gertrude Stein (1874–1946)
“And hereby hangs a moral highly applicable to our own trustee-ridden universities, if to nothing else. If we really wanted liberty of speech and thought, we could probably get it—Spain fifty years ago certainly had a longer tradition of despotism than has the United States—but do we want it? In these years we will see.”
—John Dos Passos (1896–1970)