Legal Considerations for FFXIV Fan Art

• ⚖️Fair Use Doctrine — Fan art is generally protected under the 'Fair Use' doctrine of U.S. copyright law, which allows for derivative and transformational works as long as they do not supersede or substitute the original work.
• 🖼️Derivative Works — Fan art is considered a derivative work, meaning it is based on an original copyrighted work but has been transformed in a way that adds new expression or meaning.
• 💰Commercial Intent — Selling fan art is a gray area. While non-commercial fan art is more likely to be considered fair use, commercial intent complicates the issue and may work against a fair use defense.
• 📜Burden of Proof — In cases of copyright infringement, the burden of proof is on the complainant (e.g., Square Enix) to show that the fan art does not qualify as fair use.
• 🚫In-Game Advertising — Advertising commissions for fan art within the game is generally not allowed, although creating and selling fan art outside the game is less likely to attract legal action.

Fair Use Doctrine

• 📜Definition — Fair use is a legal doctrine that allows limited use of copyrighted material without requiring permission from the rights holders.
• 🔍Factors — The four factors considered in fair use cases are the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work.
• 🖌️Transformative Use — Works that add new expression, meaning, or message to the original are more likely to be considered fair use.
• 💼Legal Precedents — Courts have often ruled in favor of derivative works that are sufficiently transformative and do not harm the market for the original work.
• 🌐International Variations — Fair use laws vary by country, and what is considered fair use in the U.S. may not be protected elsewhere.

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Derivative Works

• 🖼️Definition — A derivative work is a new creation that includes or is based on a pre-existing work.
• 🎨Examples — Fan art, fan fiction, and parodies are common examples of derivative works.
• 🔄Transformation — For a work to be considered derivative, it must transform the original work in a significant way, adding new expression or meaning.
• 📚Legal Status — Derivative works are protected under copyright law, but they must meet certain criteria to be considered fair use.
• ⚖️Court Cases — Legal cases involving derivative works often focus on whether the new work is sufficiently transformative and does not harm the market for the original.

Commercial Intent

• 💰Definition — Commercial intent refers to the purpose of making a profit from a work.
• ⚖️Legal Implications — Works created with commercial intent are less likely to be considered fair use, especially if they compete with the original work.
• 🖼️Fan Art Sales — Selling fan art introduces legal complexities, as it may be seen as infringing on the original creator's market.
• 📜Case-by-Case — Courts evaluate commercial intent on a case-by-case basis, considering factors like market impact and the degree of transformation.
• 🚫In-Game Rules — Advertising fan art commissions within the game is generally prohibited, but selling fan art outside the game is less likely to attract legal action.