Theory and practice of intellectual property
№ 2 / 2018

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

PDF (Ukrainian)

DOI: https://doi.org/10.33731/22018.146320

Published      2018-05-04

Fan art and copyright

Olha Ulitina
Ukraine

Abstract
Contemporary art provides much more opportunities for realization of the creative potential than ever before. Therefore, there are many new types of art that intersect with the other objects of copyright. Today fan art is one of the most popular kinds of visual art. A lot of nowadays artists create fan art works, and some of them some start their creative path making fan art. The article is dedicated to the problem of correlation of fan art and copyright. This issue today remains one of the most interesting and not fully developed problems in mo-dern art. The article deals with issues related to the possible copyright infringements, which may appear during the use of the original work in creating fan art. It analyses the legal nature of fan art. The article contains the analysis of existing Ukrainian legislation in this field, which regulates copyright questions concerning fan art works. The analysis of fan art as derivative work is made. The article identifies the main characteristics of fan art, which are important for establishing it’s the legal nature.

Keywords: copyright, fan art, derivative work, copyright infringement