Now featuring Miles “Spikes” Prower (okay not really)
Or: It’s Time To Stop Defending Nintendo Unless You Hate Fan Art Too.
(This article is available in an expanded, podcast-style form as well, on YouTube.)
A common refrain when a fan game is taken down is that it’s within Nintendo’s rights. Do you know what else is within Nintendo’s rights? Sending DMCA takedowns to every single OC Remix track based directly on Nintendo’s music. What else is within Nintendo’s Legal Rights That Are Totally Always Okay To Enforce?
Say Nintendo read every article about Cosplay and sent a DMCA notice to have the pictures taken down and demanded that the cosplayer never again display or create a costume based on a Nintendo character. Is that cool with you? Because it’s not actually any different than fan games, legally speaking.
How about Nintendo sends DMCAs to the millions of pieces of Nintendo character fan art spread across Deviant Art, Pixiv, Twitter, Tumblr, everywhere? Because they could do that. Legally.
Remixes, fan art and yes, even cosplay are derivative works. The only legal difference between them and fan games is that corporations don’t go after them.
Not a spikeball this time, but still a piece I inspired: I present to you the dual horrors of Louey (Pony Island) and Flowey (Undertale), brought to you by @EnderSammi:
This is an oldie but still a goodie, an artwork by Bamseper. This is from wayyyyyy back from Terraria’s 1.0 days or so. Bamseper’s been a fan for years and a pretty chatty one. It may not be new to me, but I’d like to share all the fan art I get and this one still warms my heart to this day.
Another silly fan art piece by @RadLegoWaffle! Thanks, and GETTA LOADA THIS!
A sillier fan art this time, by @ of twitter, a regular watcher! Thanks a ton!