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December 31, 2012
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Is fanfiction a type of art thief?

:icondreammaker123:
dreammaker123 Featured By Owner Dec 31, 2012
I am thinking about making a fan fiction of one of my character I have in my head, I already have it written out now but I have one problem: My big sister

She thinks she knows everything and I'm 14 by the way, she saw me typing out a fan fiction about my Mario princess oc.

She say that I was going to post it she told me "Your going to get in trouble for this I don't make fan fictions it's art thief"

"If they catch you making a fan fiction they will sue you!"

I have started writing again but I haven't posted them online can.

can I get your view on this please? Is this art thief?
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:iconblackrosekane89:
Blackrosekane89 Featured By Owner Jan 15, 2013  Professional General Artist
It's kind of like drawing celebrity portraits, or fan art. Technically it is illegal, but as long as you're not selling it, they usually don't mind.

Look at E.L James (the author of 50 shades of grey). 50 shades of grey was originally a fanfic of Bella and Edward (Twilight) when she started selling it she changed the names. Stephenie Meyer could have sued for using her characters for the original fan fic, but opted not to. No telling :shrug:
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:icondreammaker123:
dreammaker123 Featured By Owner Jan 15, 2013
oh
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:iconrosiekid:
rosiekid Featured By Owner Jan 15, 2013  Student Traditional Artist
This sounds wrong..
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:iconblackrosekane89:
Blackrosekane89 Featured By Owner Jan 15, 2013  Professional General Artist
Which part?
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:iconrosiekid:
rosiekid Featured By Owner Jan 15, 2013  Student Traditional Artist
About 50 shades? D:
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:iconblackrosekane89:
Blackrosekane89 Featured By Owner Jan 15, 2013  Professional General Artist
It's true. That's the origin of 50 Shades of Grey. Look at background [link]

They have interviews with Kristen Stewart about it too.
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:iconrosiekid:
rosiekid Featured By Owner Jan 15, 2013  Student Traditional Artist
Oh my god. Well firstly, sorry for doubting you! :/ and secondly, that's really gross! I never even knew D:

Eeuughghhghghguuhghhh!
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:iconcarusmm:
carusmm Featured By Owner Jan 12, 2013  Hobbyist Writer
Parody is not art theft.
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:icondreammaker123:
dreammaker123 Featured By Owner Jan 15, 2013
so true
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:iconincandescentinsanity:
IncandescentInsanity Featured By Owner Jan 12, 2013  Student General Artist
Ahh pesky older siblings. Information from them is usually false. I would know, since I am the youngest of 4 in my family
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:icondreammaker123:
dreammaker123 Featured By Owner Jan 15, 2013
oh really I didn't know that
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:iconincandescentinsanity:
IncandescentInsanity Featured By Owner Jan 15, 2013  Student General Artist
It really depends on the person, but for the most part older siblings tend to mislead the younger ones
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:icondreammaker123:
dreammaker123 Featured By Owner Jan 15, 2013
isn't that the truth
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:iconscyoni:
Scyoni Featured By Owner Jan 11, 2013  Hobbyist General Artist
Fan fiction is usually legal as long as it's free. :) Just don't sell printed copies and you shouldn't have any trouble.
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:icondreammaker123:
dreammaker123 Featured By Owner Jan 15, 2013
ok thanks
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:iconhopelesspandora:
HopelessPandora Featured By Owner Jan 11, 2013  Student General Artist
Deviantart posted a video from a convention about this. As long as your work doesn't compete with the company it's usually fine. In other words, as long as you don't try making money off of it, you're safe.
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:icondreammaker123:
dreammaker123 Featured By Owner Jan 15, 2013
ok
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:iconmy-drawing-tutorials:
My-Drawing-Tutorials Featured By Owner Jan 10, 2013  Professional Traditional Artist
I'm not a lawyer so please DON"T take this as legal advice...

but I THINK that as long as you are not copying the work word-for-word and make enough changes to the story that it counts as your own, then you should be fine.

People can copyright an expression of an idea, but not the idea itself.

For example. Einstein came up with the theory of relativity. His paper and book on the topic is his and copyrighted.

But that doesn't mean that other scientist can't write their own paper or book about their interpretation of his ideas.

Again. Not a lawyer.

Just my opinion.
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:icondreammaker123:
dreammaker123 Featured By Owner Jan 11, 2013
ok
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:iconcustardandpie:
CustardAndPie Featured By Owner Jan 6, 2013  Hobbyist Digital Artist
It isn't art theft, unless (keyword: UNLESS) if you don't credit the original creators or if you sell/distribute it. If it's just for entertainment for fans of the franchise you're writing a fanfic for, you'll be fine, but still CREDIT THE CREATORS OF THE FRANCHISE. That way, you actually WON'T get sued.
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:icondreammaker123:
dreammaker123 Featured By Owner Jan 9, 2013
ok
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:iconyusakujon3:
YusakuJon3 Featured By Owner Jan 6, 2013  Hobbyist Artist
   If the fan-fiction is only being used for personal entertainment, and not being published for sale or distribution in direct competition with the publication of the copyright owner's original work, it isn't really a problem.  It becomes a problem when people start earning money through it.  There was a bit of a grey area involving the Internet for a while, but it depends on the visibility of the site where it gets posted and how protective a copyright owner may be of their property.
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:icondreammaker123:
dreammaker123 Featured By Owner Jan 9, 2013
ok
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:iconkrissygalaxis:
krissygalaxis Featured By Owner Jan 6, 2013  Student General Artist
Yes. I hate both Fan Fics, and Fan art. People need to get their own ideas.
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:iconsweetpeppergirl:
sweetpeppergirl Featured By Owner Jan 23, 2013  Hobbyist Artist
ok how in the world is fan fictions are art thief? I agree with a previous comment Parody isn't art theif.
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:iconkrissygalaxis:
krissygalaxis Featured By Owner Jan 23, 2013  Student General Artist
People are taking someone else's characters and settings, and using them most of the time with out permission. How is that not theft?
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:iconsweetpeppergirl:
sweetpeppergirl Featured By Owner Jan 24, 2013  Hobbyist Artist
if your not selling it she is all right.
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:iconkrissygalaxis:
krissygalaxis Featured By Owner Jan 24, 2013  Student General Artist
I still don't like it. People need to get original. :shrug:
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:iconsweetpeppergirl:
sweetpeppergirl Featured By Owner Jan 24, 2013  Hobbyist Artist
I make my oc and I make up a story about here that is orignal
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:icondreammaker123:
dreammaker123 Featured By Owner Jan 9, 2013
ok...
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:iconoperaghost:
operaghost Featured By Owner Jan 5, 2013
Fan fiction is a way to show to the creators of original story that their creation has inspired you in a way or another. In most cases fan fiction is just that - a fans way to say "thank you for the story" - with a twist. And I am certain it has been mentioned that writing a fiction does not differ from i.e. drawing your favourite character from a movie or game universe.
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:icondreammaker123:
dreammaker123 Featured By Owner Jan 9, 2013
true
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:iconkizziesama:
Kizziesama Featured By Owner Jan 1, 2013
Making fan fiction is like making fan art :shrug: Only it's literature. If you're not making a profit off of it, I don't think anyone is going to cry "theft!" on it. There are entire websites made to cater to fan fiction, so yeah... I think you're good.
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:icondreammaker123:
dreammaker123 Featured By Owner Jan 5, 2013
I am going to tell my sister this
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:iconfionacreates:
FionaCreates Featured By Owner Jan 1, 2013  Professional General Artist
Fanfiction being derivative works from an original means the copyright holder of the original has the right to say "I do not want fanworks" and then it would be illegal to make fanart, or fanfic etc.

And some do say this. Robin Hobb the Author for instance forbids fanfiction based on her works so it's best to respect their wishes.

However most copyright holders welcome it, because the more fans they have engaging in the work, the more fans care about the original and you get fandoms and the original ends up making more money from having a large online fan presence.

Generally it's a case of looking up the original and seeing if they mind. I'd say 99% of content doesn't mind, and it's usually only the more obscure ones who seem to say no.
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:icondreammaker123:
dreammaker123 Featured By Owner Jan 5, 2013
ok thanks
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:icondreammaker123:
dreammaker123 Featured By Owner Jan 5, 2013
ok thanks
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:iconglori305:
Glori305 Featured By Owner Jan 1, 2013
As long as you are not selling it, making fan art is not illegal.
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:iconfour-skulls:
Four-Skulls Featured By Owner Jan 5, 2013  Hobbyist Digital Artist
Don't tell that to all the artists at con's selling their fanart! Probably better to say, "as long as you're not making alot of money it's not worth going after you".

Marvel did go after that one guy for doing Ghost Rider fanart though. I believe there were special circumstances with that though.
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:iconglori305:
Glori305 Featured By Owner Jan 6, 2013
As soon as you are selling it, the person who has the rights to it can sue you.

And they do not sue you for the money that you made, they sue you for the money that they could have made. So if you are selling prints of (to take an example) Superman, for $10 each, and DC is selling prints for $20, and you have sold 100 prints, they are suing you for $2000, because that is what they claim their losses are. And they can toss in their legal fee's on top of that.

Disney is pretty fanatical about their rights, but honestly the most you are likely to recieve is a "cease a desist" letter. If you ignor that, then they will sue you.

But yes, the majority of people selling fanart at conventions are breaking the law, and open to legal action. The fair use lines for paradoy are fuzzy, so some are probably on the sunny side of legality.....if they can afford a good lawyer to defent themselves. Because usually trademark infringement (which is what this comes down to) is a case of who has the better lawyer.
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:icondreammaker123:
dreammaker123 Featured By Owner Jan 1, 2013
ok
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:icondavidscript:
DavidScript Featured By Owner Dec 31, 2012  Hobbyist Digital Artist
ok
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:iconpuppy-dangerous:
puppy-dangerous Featured By Owner Dec 31, 2012  Professional Artisan Crafter
lol no.

Fanfiction is derivative work.

Technically the owner of the original work CAN go after you, but they almost never do. But as long as you don't claim it's part of the official work they usually won't care even if they do know.

Aaaand sometimes that actually falls under fair use.

And in some places it's considered OK legally to make derivative work, and the owners wouldn't pursue you anyway even though they can under the law here.

Copyright violation is pretty much when you take a work that belongs to someone else and reproduce and claim ownership of it. Like if I went into your gallery, saved some of your work, then posted it as mine and/or started selling it on t-shirts that's violation.

It's fine to make it. Just don't try and sell it.

At least without changing the names and details ;)
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:iconpuppy-dangerous:
puppy-dangerous Featured By Owner Dec 31, 2012  Professional Artisan Crafter
*no to the getting sued, that is.

And you will retain copyright of all the written elements that are NOT currently protected under the copyright and/or trademark for the franchise.
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:icondreammaker123:
dreammaker123 Featured By Owner Dec 31, 2012
ok
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:iconkyteglory:
KyteGlory Featured By Owner Dec 31, 2012
In legal terms, your sister is right. The Super Mario franchise and all the content within belongs to Nintendo. If Nintendo so desired, they could sue you for producing fanfiction.
But they won't. Because Nintendo does not give a flying shit what you do. As long as you're not making money, and you're just perpetuating images of their characters free of charge, you're actually giving them free advertising, so they have no reason to be upset about fan labour. Since Copyright infringment is civil law, not criminal law, you are only subject to punishment if the victim chooses to press charges.
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:icondreammaker123:
dreammaker123 Featured By Owner Dec 31, 2012
ok
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:icondavidscript:
DavidScript Featured By Owner Dec 31, 2012  Hobbyist Digital Artist
How in the world did you do that?
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:iconpuppy-dangerous:
puppy-dangerous Featured By Owner Dec 31, 2012  Professional Artisan Crafter
thumbnails/user icons
Click on the letter/image to be taken to that deviation or account.

Rainbow letters:[link]
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:icondavidscript:
DavidScript Featured By Owner Dec 31, 2012  Hobbyist Digital Artist
Nevermind, it was a glitch on my part.
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