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COPYRIGHT The legal status of fan made art in America may be tricky due to the vagueries of the United States Copyright Act . Generally, the right to reproduce and display pieces of artwork is controlled by the original author or artist under 17 U.S.C Section 107. However, fan art using settings and characters from a previously created work could be considered a Derivative Work , which would place control of the copyright with the owner of that original work. Display and distribution of fan art that would be considered a derivative work would be unlawful. However, American copyright law allows for the production, display and distribution of derivative works if they fall under a Fair Use exemption. Generally small excerpts from larger works that have no financial impact on the original and that are done for non commercial purposes could be considered a fair use (depending on a number of circumstances). American courts also typically grant broad protection to Parody and some fan art may fall into this category. This is a legal gray area, however, and legality can often not be determined until after litigation has concluded. SEE ALSO EXTERNAL LINKS
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