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Is Fan-work Ethical?
Generally people make drawings or write stories about things that are intellectual property of others. The law being that you can’t use someone’s idea without their permission.
However it is very common, especially memes where an image is edited to be used as a joke or reaction on social media. Unless you are making profit, there is rarely ever been a case in court about fans making work of their favorite franchises. Usually the owner just asks the platform to remove the work if they do not approve.
So the question is, should Muslim refrain from making fanwork because they had difficulty getting owner’s permission and it is against the law OR should they make it and let the owner decide (as in most cases, they don’t mind)?
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3 Replies
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Is Fan-work Ethical?
updated 2 days, 10 hours ago
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Replies
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When You add a value to something it is not the same. you can take advantage of it. However the value added should not be unethical and offensive.
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Fan-fiction/fan-work falls under fair use. It’s okay to publish it even without permission of original author as long as you are not earning money through it you are all clear legally. However while publishing it one has to make it clear that it’s fan fiction and not the original thing.
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Fair use is hard to achieve actually (few references to source material but almost everything needs to be original).
Even if you do not make profit, fan work is illegal from these examples:
Japanese Youtuber sentenced to prison for uploading fan footage.
Hasbro shutting down a non-profit fan game based on My Little Pony.
Nintendo sending DCMA over fan made Steam icons.
Blizzard shutting down non profit fan server of vanilla World of Warcraft.
Fan work is not protected by law. It is not legal. You are always at the mercy of the owner of IP. Most owners allow it, some really hate it and will sue you at any chance they get.
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