Fan Art, Fair Use, Parody, IP Infringement? What Does It All Mean?

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  • Опубліковано 2 сер 2021
  • What's the difference between stealing or swiping someone's art and paying tribute or homage? In this video, I give a crash course on intellectual property, copyright, trademark, parody etc. This is not legal advice but should help dispel some of the misconceptions out there.
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КОМЕНТАРІ • 22

  • @elizabethmolino8262
    @elizabethmolino8262 2 роки тому +3

    I'm glad you make this video Scott .Cuz recently there was an incident where an artist used the norse mythology version of Loki and not the marvel version ,but still Disney penalized him for it .Disney doesn't owned the norse version .

    • @ScottSerkland
      @ScottSerkland  2 роки тому +3

      Nor do they own the classic versions of Snow White, Cinderella, Sleeping Beauty, Little Mermaid, Beauty and the Beast, etc. but that hasn't stopped them from trying to go after other people for their interpretation of these fairy tails. I'd have to see what this artist included in their version that Disney might have created if anything. Example: Wizard of Oz is in the public domain however in the original book Dorothy had sliver shoes. MGM added the ruby slippers so you can use silver but not ruby. It's a fine line.

  • @ddexpress
    @ddexpress 2 роки тому +5

    Parody always seems a little more fun to do, but it has it's grey lines I would imagine, although a bit safer to some extent. Fan-Art is at the point where a few companies are starting to bear down on it, and not allow it. Even so far as having fan videos being removed right here on UA-cam as well. It's better to do some in the beginning and then start introducing your own characters in between and build off that- especially if it's similar to what you like doing.

    • @ScottSerkland
      @ScottSerkland  2 роки тому +2

      True and yes that is definitely an approach you can take.

  • @TheDreamSyndicateArts
    @TheDreamSyndicateArts 2 роки тому +2

    One of the key take-aways from a friend that's an IP lawyer's that any assumptions of "Fair Use" don't actually occur until you're taken to court. Fair Use is a defense that you have to prove in a court of law. With that in mind, it seems crazy to build one's entire professional career on the mercy of massive corporations not enforcing their copyright.

    • @ScottSerkland
      @ScottSerkland  2 роки тому +1

      I agree Ryan. That statement is probably a bit more clear but was what i was trying to get across.

    • @TheDreamSyndicateArts
      @TheDreamSyndicateArts 2 роки тому +2

      @@ScottSerkland Yeah, we're in agreement and you've got to build in you're own personal narrative because that's what ppl are coming to your vids for. Hah, if you only said what I said, this would've been a 30 sec. vid! 😀

  • @EthanDolan61101
    @EthanDolan61101 3 місяці тому

    Hi, I am making a comic, I want to publish, and I have a character that is a reference and parody of popular UA-camr, Ashens. Am I allowed to do this without infringing, does anyone know, please?

    • @ScottSerkland
      @ScottSerkland  3 місяці тому +1

      I’m not a lawyer but I believe that’s fine as long as you’re drawing the character and not using actual photos in the comic you should be fine.

    • @EthanDolan61101
      @EthanDolan61101 3 місяці тому

      @@ScottSerkland Well I'm planning on drawing everything, thanks for the info I appreciate it.

  • @SalazarArtNation
    @SalazarArtNation 2 роки тому +2

    I just saw a commercial for Bar S hotdogs on Instagram, It was Vanilla Ice singing about hot dogs to the tune of Baby Got Back by Sir Mix Alot
    Now that's parody!

    • @ScottSerkland
      @ScottSerkland  2 роки тому +2

      If that's a real thing, It's definitely a parody! Crazy!

    • @jimmydragonstudios
      @jimmydragonstudios 2 роки тому +1

      Frank, I had to look that up. Oh my, is this hilarious! ua-cam.com/video/GgKsKnwLYpI/v-deo.html

  • @AlphaProto
    @AlphaProto 2 роки тому +1

    Thank you for this video. That topic was very enlightening.
    If I get a sees and deist letter I will stop for sure.

  • @KeithHarper
    @KeithHarper 2 роки тому +1

    Congrats on the cover!

    • @ScottSerkland
      @ScottSerkland  2 роки тому +1

      Thanks Keith. I'm looking forward to getting the printed version.

  • @CyberGrapeUK
    @CyberGrapeUK 7 місяців тому

    This chad lad lives inside Mickey Mouse Clubhouse (affectionate)