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Inquiriy about digital arts / is it transformative/free use ?

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  • Inquiriy about digital arts / is it transformative/free use ?

    I am a digital artist that is creating my own vision of our real-world through my pixelated art - this includes some of the TV shows characters that I like, musicians, politicians etc. - virtually anything. These characters are made on a very tiny grid 18x18 and they are named differently than any living characters that are my inspiration.

    Would that be considered as violating copyright or this is considered as transformative art and having a free use policy?
    Below is an example of my 'BitMan' - A bat bit his butt and he became a BitBat.


    Click image for larger version

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    Thanks!

  • #2
    The art looks great!!
    Anytime you are directly relying on somebody else's copyright however you take a chance that they will see it as a violation.
    I would say you are close to the line (maybe not crossing it?) but it may also depend what you do with the art and if you end up making money on it.

    If you did not mention batman in the above work, or its description, you would have less of an issue IMO.

    Comment


    • #3
      So, you have no talent and will steal the work of others.

      I recognized Batman before reading your post. So will DC Comics and they will sue you into the poor house.

      Stop using the work of others. It's infringement.

      Comment


      • #4
        That's why I am concerned about this - it might look like it - but name is not used, nor logo - nor any of the registered patents that the real batman has.
        I'm just trying to find a definitive answer as a lot of artist are using similar approaches - most famous being KAWS. On the link below everyone knows those are The Simpsons (but they are actually not) and everyone knows that album cover that is (but it is actually not).

        This guide provides basic information about copyright, fair use, and educational exemptions in copyright law. Use the tabs to find additional copyright resources.


        Btw. as a 20+ year artist I do not want to steal anything - that's why I'm exploring this topic. I did a fair share of fan art in my life and I am aware of copyright laws in that situation and which companies are fine with it and which are not. This is not a mass-production of art or whatsoever. Judging that I have no talent by asking a simple question... it's really something.

        Comment


        • #5
          Originally posted by adjusterjack View Post
          So, you have no talent and will steal the work of others.

          I recognized Batman before reading your post. So will DC Comics and they will sue you into the poor house.

          Stop using the work of others. It's infringement.


          I am not sure it's THAT clear of an issue in this example. It is certainly not 100% certain. And I have explored this issue in detail in my own works. Just FYI.

          tj

          Comment


          • #6
            ...and I did not absolutely recognize batman when I fist saw it...maybe slightly if at all. It took a bit, no pun.

            tj


            (--into the poor house, I doubt it.)

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