Confused about the copyright issue.
And, if some of these submissions are in violation, why are they being accepted?
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I think the first thing that MUST be considered/done is to include links to the source of any and every image, etc used and intended as 'fan-art' to provide a formal record to distinguish what is being claimed as original work and what is not.
An acceptable concept of 'fan-art' fair use is NOT the plagiarizing of one person's wall image of Donald Duck being re-distributed under another person's nick.
In an 'ideal' world, NO image would exist on the Internet UNLESS uploaded by the original copyright holder, or be present in modified form without accompanying permission/s from the original copyright holder.
Website admins are charged with an impossible task....which is largely disputed, if not just plain thankless, but generally the idea is to protect as well as is possible/workable.
It is the bane of our existence that such a concept of 'fair use' even exists, but such is life and we're all in it for the living...
in charge of monitoring and trying to keep the obvious ones out and for the others, when someone yells, you simply take action first and study later to determine if their request is justified.
(jafo)
There is a lot of case-by-case issues. For example, we know from experience that some companies make a lot of money out of selling promotional material, or selling the right to use their trademarks. These companies are quite strict about the illegal reproduction of thier own trademarks. One example of this is sports teams. Ever wander why we have so little sports themes here? Because that is one major source of revenues for the NHL, NFL, etc. The SELL the rights to use the teams logos, they don't give it away.
BTW: I know this first hand, by an email from a NHL lawyer.
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