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:
“The United States have a coffle of four millions of slaves. They are determined to keep them in this condition; and Massachusetts is one of the confederated overseers to prevent their escape.”
—Henry David Thoreau (1817–1862)
“The parallel between antifeminism and race prejudice is striking. The same underlying motives appear to be at work, namely fear, jealousy, feelings of insecurity, fear of economic competition, guilt feelings, and the like. Many of the leaders of the feminist movement in the nineteenth-century United States clearly understood the similarity of the motives at work in antifeminism and race discrimination and associated themselves with the anti slavery movement.”
—Ashley Montagu (b. 1905)
“In the United States adherence to the values of the masculine mystique makes intimate, self-revealing, deep friendships between men unusual.”
—Myriam Miedzian, U.S. author. Boys Will Be Boys, introduction (1991)
“In the United States there’s a Puritan ethic and a mythology of success. He who is successful is good. In Latin countries, in Catholic countries, a successful person is a sinner.”
—Umberto Eco (b. 1932)
“In the United States there is more space where nobody is is than where anybody is.”
—Gertrude Stein (1874–1946)