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Fan art orfanart is artwork created byfans of a work offiction orcelebrity depicting events,character, or other aspect of the work. Asfan labor, fan art refers to artworks that are not created, commissioned, nor endorsed by the creators of the work from which the fan art derives.
A different, older meaning of the term is used inscience fiction fandom, where fan art traditionally describesoriginal (rather than derivative) artwork related toscience fiction orfantasy, created by fan artists, and appearing in low- or non-paying publications such assemiprozines orfanzines, and in the art shows ofscience fiction conventions. TheHugo Award forBest Fan Artist has been given each year since 1967 to artists who create such works. Like the termfan fiction (although to a lesser extent), this traditional meaning is now sometimes confused with the more recent usage described above.
Fan art can take many forms. In addition to traditional paintings, drawings, anddigital art, fan artists may also create conceptual works, sculptures, video art, livestreams,web banners, avatars, graphic designs, web-based animations, photo collages, andposters, Fan art includes artistic representations of pre-existing characters both in new contexts and in contexts that are keeping with the original work.
The broad availability ofdigital image processing and the Internet, as well astext-to-image generators, has greatly increased the scope and potential reach of fan art. American TV producerBryan Konietzko wrote in 2013:
Rule 34, the idea that everything is represented ininternet pornography, commonly takes the form oferotic fan art.[2]
Fan art can also serve as cultural commentary or criticism, presenting established characters in new situations or contexts which would never appear incanon. This allows fans and artists to explore deeper or alternate meanings, as well as fan theories, about their favorite media.[3]
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The legal status of derivative fan made art in America may be tricky due to the vagaries of the United StatesCopyright Act. Generally, the right to reproduce and display pieces of artwork is controlled by the original author or artist under17 U.S.C. § 106. Fan art using settings and characters from a previously created work could be considered aderivative 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 afair 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 multipronged 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 toparody, 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.
