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Fair Use and Your Submissions
DeviantArt values copyright protection and infringement seriously. Our Copyright Policy is linked at the bottom of most pages so you can ensure your submissions comply with this policy.
It's important for all submissions in your DeviantArt gallery to abide by all policies. At the same time, copyright allows for creative individuals to draw inspiration from other existing works through the concept of “fair use.”
What is fair use?
Fair use allows limited use of copyrighted works without permission from the artist, as long as the use is considered "fair," but what constitutes as fair use can vary widely. This legal concept is complex and often requires expert legal advice. It's advisable to consult your lawyer for guidance on how fair use applies to your work, as improper use can lead to significant financial liability.
How does fair use apply to me?
When using content created by others, remember that authors may have varying opinions on permission. Copying, tracing, editing, re-imagining and other various forms of appropriation are controversial topics within the creative community of DeviantArt, and while these practices can help improve techniques and serve as inspiration for original work, always be mindful that not everyone approves.
You should always contact the author before you make use of their work in any fashion, even when you might think that your use is small or inconsequential.
Fan art and fan fiction are great ways to engage with your favorite characters, stories, and artists. While these works are welcomed at DeviantArt, they often reference copyrighted material and can sometimes infringe on copyright, trademark, or publicity rights.
Fan creations may fall under fair use in certain circumstances, but policies regarding them vary significantly among copyright holders. Some may embrace fan art, while others may reject it outright. Even if an owner seems to permit fan art, they may have specific restrictions or change their policies over time. Generally, commercial use of fan art is rarely tolerated.
Always respect the copyright owner and remember that unlicensed fan art exists only because the owner allows it. If they prohibit or restrict fan art, respect their wishes. If they ask you to take it down, be respectful as well.
Further reading
For those who might want to learn more, take a look at this in-depth, educational article on the various aspects of copyright and related issues such as fan art, obtaining permission, moral rights, and resolving disputes.
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