fine art collection

Giovanni Paolo Panini (1691-1765)
“The Gallery of Cardinal Valenti Gonzaga”
(1749)
Oil on canvas
Located in the Wadsworth Atheneum Museum of Art, Hartford, Connecticut, United States

Legality of Fanfic question

So my sister is in law school and taking a class on intellectual property, and because I’m stoked about it, she decided to go ahead and write one of her term papers on fanfic.

Here in Canada, transformative and derivative works are legal to make and disseminate, but it’s illegal to make profit off them and commercialize them, and illegal to make fan works that violate this “moral rights” thing that basically would lead to destroying the reputation of the original work or creator.

However, just for the record, people can make parodies of things and commercialize them as this falls under “fair use” because parody allows for the critique of source material and such satire and critique plays an important social function in a democratic society.

Now, what she wants to argue in her paper is essentially that people should be allowed to profit off transformative works like fanfiction (at least some fic, at least in some manners). However, setting up a legal argument for that isn’t easy and I’ve been brainstorming with her about it, but we thought it might be worthwhile to ask actual fan creators. 

So, here are my questions:

What legal, logical, or societal arguments can you think of for why it should be legal to profit off of transformative fan works such as fanfiction and fanart? Should people be able to at all, or not? 

(because fyi profiting off fanart is just as illegal as profiting off fic, at least here in canada…)

And of course, there is a need to balance between the rights of the original creator(s) and a fan creator. Her paper won’t suggest a blanket solution of destroying copyright laws altogether or anything. But to the extent that fic is being written, and to the extent that people are already doing things like selling fanart (again, equally illegal here), the law needs to stay ahead of it.

And if people should be allowed to profit off it, then in what capacity? Just through donations like on patreon and not for any individual fic (i.e., not buying the product directly)? Should people be able to purchase specific fics or not? Should people be able to commission fics (and fan art, because again, same laws)? When and why, or why not?

New OC time!! (*`・3・´ )✩ The idea came to me late last night when I was supposed to be studying lol.

She’s a 21 year old space witch named Andy, which is short for Andromeda because her moms were also space witches and were just super enthusiastic abt their craft haha. She’s undeniably talented but a bit forgetful, she’s optimistic and sweet, but a bit awkward. She’s also a demisexual biromantic.

Louise Catherine Breslau (1856-1927)
“La Toilette” (1898)
Oil on canvas
Currently in a private collection

Breslau would become the third woman artist, and the first foreign woman artist to be bestowed France’s Legion of Honor award. Breslau would go on to become a well-regarded colleague to some of the day’s most popular artists and writers including Edgar Degas and Anatole France. One person who was very special in Breslau’s life was Madeleine Zillhardt, with whom she spent over forty years. Zillhardt, a fellow student at the Académie Julian, became Breslau’s muse, model, confidant, and supporter.

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Disney’s Fine Art Collection- Alice in Wonderland by Jim Salvati