I thought I'd briefly pull the proverbial dusty tarp off this defunct tumblr briefly to address some of the incoming traffic that I expect to see this week now that NCHProductions has publicly credited me for my artwork that their video is based on. I'd like to preface this by saying that we reached an agreement in private and I have accepted NCHProductions' apology, and that I do not condone or tolerate any harassment of NCHProductions on my behalf. This post is not meant to relitigate things or stir up drama. But with what happened, I thought this would be a good opportunity to open the floor to discussion on how the internet treats ownership of fanart and derivative work. I'm just one artist and my opinions are my own, but I've been at it a long time and it's not the first time someone else has used my fanart as a basis for something else. Here are three examples:
In 2018, Jonathan Nesbitt made a coding project as an entry for an informal contest run by the website Standard Code. His entry (properly viewable here) was based on a Metroid piece I had made in 2014 and he credited me in his entry. Although he never reached out to me to my knowledge, I thought this was fine given the time contraints and the fact that no money changed hands (the grand prize was an Amazon Echo someone had lying around). I think Jonathan's piece is very cute and I'm happy to have inspired someone this way. I might not have considered the artistic value of a simple HTML page otherwise.
In 2016, tumblr user @cyriusli messaged me about getting a Bulbasaur I drew in 2015 as a tattoo. He reached out to me directly and asked for permission before doing so and credited me as the artist when he shared a photo of the finished tattoo. Even though an artist in another medium was paid money to recreate my work in this case, I considered this to be entirely above board, and I'm sure the artist who actually inked it was happy to know that their client had explicit permission to use my piece. Knowing that someone has to look at my Bulbasaur every day until they die might be the height of flattery for me. This isn't the only tattoo of my work that's been done, and I'm always happy to see it so long as you ask permission.
Lastly, just a few weeks ago, I had to submit a takedown request on Displate against graphic designer SS Art, who was selling a poster that used a slightly edited version of a Shadow of the Colossus piece I drew in 2013. This is probably the most offended I've ever been as an artist. I doubt this seller made much money off of it and to their credit, Displate took it down very quickly, but it bothers me that it was allowed to go up in the first place. The ease with which merchandising platforms allow their users to publish anything without verifying its origin has made it ironically difficult to support the artists that I love: I've been looking for a new case for my Kindle on Etsy lately and found it extremely difficult to verify whether a seller's art was original or stolen. In one case, I found a seller selling a case with a Keith Haring print on it. I consider Haring's Unfinished Painting to be one of the most moving artworks of the last century, and here was his work being sold by some random Etsy store as "abstract cartoon funny dance pattern." I find this a deeply saddening, troubling phenomenon.
As the internet continues to shrink down to a handful of social platforms, it's been fascinating to see how the concept of fandom has shaped and been shaped by those same platforms. Fanart, memes, remixes, mashups, and other new forms of art that make copyright lawyers heads' ache have emerged as we all pile onto each other online. Overall I don't think this is necessarily a bad thing. When I was first online twenty years ago, it's likely that I never would have seen art from many overseas artists on the English-speaking web, but it's been very heartening to see how the explosion of fanart surrounding interpretations like ErinArtista's distinctly Brazilian take on Hatsune Miku or Ayyk92's Bowsette character can bring an audience to artists that many of us wouldn't have known about otherwise. I think there is room for such a thing as fanart of fanart, I just urge artists of all stripes to think critically about how we use other people's ideas. I am not a lawyer, and I cannot tell you where the line is or isn't drawn in regards to work based on copyrighted material, or what your rights as an artist are if you make fanart and aren't the copyright holder. I've definitely made some decisions in the past that I now regret about monetizing derivative work, but I wouldn't feel right about enforcing any standards I might adopt onto others. The internet has, in a way, become one giant game of telephone, and I don't like how difficult it can be to be certain of the origin of something. For now, going forward, I think it would be nice to see more normalization of hunting down sources to the best of a person's ability coupled with acting in good faith when new information comes to light. This tumblr is dead, and I likely won't be responding to any comments directly, but I'm very interested in hearing what you all have to say.
And just for absolute transparency, I ran this by my friend Ixo and borrowed some of his phrasing in the conclusion. He can be found at https://ixo.neocities.org/
