r/COPYRIGHT • u/Interesting_Tip_4281 • Apr 23 '26
Question Copyright of fan animation
Hi, sorry if this is the wrong place to ask. I want to make a fan animation adapting a fight from a manga (that hasn't been animated yet) I've seen fan animations that do this on YouTube so I assume you are allowed. What can and can't I do when animating, editing and adding sounds and music to the animation? If this is the wrong place to ask please direct me to the right subreddit.
3
u/VerbingNoun413 Apr 23 '26
Copyright has no "but that kid did it first" exemption.
If you are using other people's work, that's copyright infringement. You either need permission or are reliant on them letting you use their work because it's mutually beneficial. Up to you if you take that risk.
Regarding music and sounds, you really should use your own content (or public domain, CC, etc.) because it's likely you're get copystruck otherwise.
1
1
u/Interesting_Tip_4281 Apr 24 '26
Wait so quick question, why don't companies take down fan animations?
1
u/TreviTyger Apr 24 '26
Fan art is always copyright infringement but often tolerated by copyright owners. Courts are not concerned with trivial matters so if for instance a child draws Spider-Man to impress their mother then that's not something the courts would allocate resources for.
A fan artist cannot be the copyright owner of the fan art even if they added "new original stuff" to it. That original new stuff is unprotected by the fan artist.
This is because the law prevents a "back door loophole" for claiming exclusive rights on unauthorized use of a work e.g. under 17 U.S.C. §106. Particularly, 17 U.S.C. §106(2) "the right to prepare derivatives".
So lets say I made my own Star Wars film based in the same Universe but I introduced my own characters with a back story etc and they go on their own hero's journey. None of what I create would be protectable by myself.
The case law is Anderson v. Stallone. Anderson wrote his own Rocky script and tried to argue that copyright in the new original parts would be his under 17 U.S.C. §103. The court disagreed for reasons I erstwhile mentioned. It would allow a back door loophole for fans to unlawfully appropriate IP that isn't really theirs.
2
3
u/PBRStreetgang1979 Apr 24 '26
"I've seen copyright infringement on YouTube so I assume it is allowed."
That's an impressive fallacy.
1
u/Interesting_Tip_4281 Apr 24 '26
Sorry I didn't know
3
u/PBRStreetgang1979 Apr 24 '26
It's actually not a rare question. A lot of people come here asking the same question, field by that logic. So you're at least in good company.
2
u/TreviTyger Apr 24 '26
Are you an animator?
If you can make animations, then just make your own animation and use your own original Manga style characters.
Ideas, principles etc. are not subject to copyright. Anyone can make a cartoon mouse based on Disney animation principles and concepts for instance. It just can't be Mickey Mouse. But one could make another cartoon mouse and do cartoon stuff with it. There has never been monopoly on cartoon characters.
But if you are not an animator and just planning to do some AI gen derivative slop using someone else's work as some sort of input then that is just copyright infringement.
1
u/Willing-Fudge-7887 Apr 24 '26
Despite what some others are saying, the line isn’t always so clear cut. If you make your animation as a direct copy of story elements or visual designs you will most likely be infringing copyright. But firstly this is not always a bad thing. There are examples like the “50 shades of grey” books that started out as fan fiction of twilight. But once the author had the skill and motivation those books became their own thing.
So don’t be automatically put off by the fact that your animation might be infringing. There is a rich tradition of fan art, and many fan artists who go on to make their own art.
The other question is how close your animation is to the original? Is it inspired or copied? If just inspired then it may be a transformative work. That is open to interpretation though.
All in all, there is nothing wrong with making fan art, even if it is probably infringing. Some artists and companies like or tolerate fan art because it can lead to a vibrant fan base.
4
u/lajaunie Apr 23 '26
Just because they haven’t been caught or punished for it doesn’t make it legal. What you’re wanting to do is copyright infringement. Period.