Conventional Protections for Commercial Fan Art Under the U.S. Copyright Act

Authors

Rachel Morgan, Fordham University School of LawFollow

Keywords

copyright infringement, fan art, fair use

Abstract

For many years, artists and consumers of pop culture have channeled their artistic skills into creating derivative works of their favorite fictional stories and characters. In the United States, fans of Japanese anime and manga have made a living selling artwork of their favorite characters at anime conventions, large gatherings that bring in fellow fans from all around the country. Despite the prevalence of this practice, there is a glaring legal issue: these fictional characters are the intellectual property of the authors who created them, and fan art is blatant copyright infringement. However, there are still many economic advantages to permitting the sale of fan art. This Note will propose a way to apply the fair use defense to commercial fan art in a way that protects the economic interests of both authors and fans.

Recommended Citation

Rachel Morgan, Conventional Protections for Commercial Fan Art Under the U.S. Copyright Act, 31 Fordham Intell. Prop. Media & Ent. L.J. 514 (2021).
Available at: https://ir.lawnet.fordham.edu/iplj/vol31/iss2/4