The most compelling fair use factors in this situation are: If a use is not considered transformative, the factor four market injury criterion is likely to play a more important role in the analysis. For example, the fact that a textbook author does not license career summaries of various artists acquired from an exclusive website could militate against a fair dealing conclusion. Alternatively, the reproduction of an “orphan” work that is not actively exploited could be considered fair for the same reasons. I often hear artists claim that the art of their derivative character is not a counterfeit because they have drawn the characters themselves (as opposed to digital or mechanical copying) or have reinterpreted them in various mediums. Many derivative character artworks include a highly skilled artistic expression of the derivative artist: they represent famous characters in new ways through their own artistic style, and may include many new artworks with the character, such as dressing them in new costumes or showing them in different contexts or situations. That alone does not count as fair dealing. Factor 1 is often the most important fair use factor, but also the most difficult to assess. In the context of character-derived art, here are three common false beliefs (“myths”) I hear from artists: PRINCIPLE: Visual arts educators may invoke fair use when using copyrighted works of various types to support formal teaching in various contexts, as well as for uses that extend that teaching, and for reference collections, which support it, Subject to certain restrictions: The Issues Report, based on interviews with 100 visual arts professionals and a survey of CAA members, found that the practices of many visual arts professionals are limited due to the widespread perception that third-party licences are required. even though a safe fair dealing practice would be appropriate.
Most often, the decision not to rely on fair dealing is made by the visual arts professionals themselves. While community members may rely on fair dealing in some cases, in other cases they may self-censor due to confusion, doubt, and misinformation about fair dealing, leading them to rely too much on permissions. (This is in contrast to self-censorship due to certain circumstances not protected by copyright, such as a personal relationship with an artist.) This threatens their ability to realize their full potential, as well as that of the visual arts community as a whole. Artists can sell their derivative character art at conventions. Often, artists also post their spin-off characters on social media and print-on-demand platforms like Zazzle, DeviantArt, and Redbubble, where people can buy products printed with the artwork. Although this practice is widespread, it is not necessarily legal. DESCRIPTION: Museums regularly organize and organize temporary or permanent (i.e., long-term) exhibitions that include works from their own collections, other institutional and private collections. Exhibitions can generate new artistic and scientific perspectives and attract and enhance the museum visitor experience. Often, exhibitions can enhance or validate the reputation of the artists whose works are included.
Museums also regularly prepare printed and graphic materials associated with exhibitions, including wall panels showing text and reproductions of related images; provision of brochures and teaching guides; publication of catalogues; and offering related lectures and other public programs. Many museums also offer various types of guides (including publicly accessible databases) that reproduce images for some or all of the works in their permanent collections. They`re increasingly doing all these things with digital and other new technologies. For example, visitors can access electronic information about exhibitions and collections using their own device or a portable device provided by the museum, which can be networked. Teachers and students can access educational or instructional materials related to the exhibition and collection (text, mixed media, and video) on the museum`s website and social media channels or through third parties, including for-profit and not-for-profit publishers. Physical exhibitions can be complemented by virtual counterparts or online extensions, allowing distant visitors to virtually “wander” through the galleries, appreciate the curatorial narrative and, if they wish, turn their attention to specific works. Similarly, online documentation of collections (including collections catalogues and image and metadata databases) can help place individual works of art in a broader institutional or cultural context, and offers some of the benefits or an alternative to a physical tour of the museum.