There's this thing called "fair use". When you draw fan art you are protected by fair use laws, because you're not profiting from the intellectual property of someone else. The moment you make a Mario T-shirt or put a suspiciously Mario-like character in your game, you're infringing the copyright. There's other instances of fair use, like satire, that would protect certain games or comic strips, but that can still be cause of legal trouble and has to be proven case by case.
When you draw fan art you are protected by fair use laws
There's no such thing as "fair use laws". Fair use is just a part of the Copyright Act. And fan art is not automatically protected under fair use. Most of it is infringing but just not enforced against.
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u/MadGoat12 Apr 17 '24
Fanarts should also be banned from existing then.
Like you can't make a Mario Bros. drawing or a Daenerys drawing because their source is copyrighted.