From Fan to Creator Legally: Fan Art from a Legal Perspective

Maxim Tomaszek, Ivan David


Fan art has become an integral part of popular culture. It arises from admiration for films, books, games, or music and serves as a bridge between the creators of original works and their fans. Although fan art often stems from enthusiasm and creativity, it exists in a legally sensitive space, as it primarily involves copyright law. This manual provides a basic overview of the legal issues that can arise with fan-created works and helps both creators and communities better understand where the line lies between inspiration, tribute, and infringement.


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Cirg - about

CIRG – the Cultural Industries Research Group focuses on research into cultural and media industries, particularly on current issues, challenges, and conflicts arising from tensions between intellectual property law, the business models of cultural industries, the digitalization and platformization of cultural sectors, and changing consumer habits. The group’s name is an acronym of its English title, Cultural Industries Research Group. CIRG is an informal association of experts from media studies, intellectual property law, media law, media ethics, cultural economics and cultural management, sociology of culture, and data analysis. The group operates on the basis of project-based funding through applied research projects (TAČR, NAKI, EEA and Norway Grants, OP JAK Intersectoral Cooperation), basic research projects (GAČR, ZIF Bielefeld, OP VVV Excellent Research, DFG), as well as contract research (State Cinematography Fund, Association of Audiovisual Producers).