Fan Art and Fair use: Issues in IP Law for Inspired Creatives

Harry Potter? Airbender? Warhol? Many artists create artwork based on their favorite cultural icons, such as comic book figures, or fictional characters from books, movies, and television shows. Sometimes these new works are classic “fan art,” meaning that they celebrate the original characters. How much of a work can an artist borrow to create a new work? Is it a new work? Is it infringement or is it transformative? How is this decided?

Every artist, videographer, photographer, and writer is inspired by what they see, hear, breathe, and experience – but are there parameters for what can and can’t legally be included in inspired and/or follow-on works, and how can creatives protect their own rights?

This workshop explained the does and don’ts of fan art with a focus on the practical sides of copyright law for visual artists.

About the Instructor

Heidi Tandy is a partner in Berger Singerman’s Miami office. Board Certified by The Florida Bar in Intellectual Property Law, Heidi has over twenty-five years of experience in copyrights and trademarks, with a longstanding focus on fair use and transformative works. Heidi has handled matters involving the internet, social media, privacy, intellectual property, and tech law issues, for large and small corporate clients and individuals, from retail stores to groundbreaking online content creators, as well as hotels, restaurants, jewelry designers, educators, podcasters, website and app developers, novelists, theatrical producers, and an Emmy-award winning makeup artist. She’s worked with content creators, technology builders, individual business owners, and large corporations to successfully protect websites, apps, copyrights, and trademarks. Since the 1990s, Heidi’s work has included the creation of terms of service and privacy policies, and best practices, as well as creating website accessibility policies and general internet policies and procedures for companies such as The Bump, the Organization for Transformative Works, Agent Nateur, Condé Nast and Potterhead Running Club. Heidi Tandy has filed hundreds of trademark applications, litigated before the Trademark Trial and Appeal Board and in federal and Florida courts, created and negotiated license agreements and assignments, and protected the rights of clients around the world.

Handouts and Reading Material

Read the handouts HERE.

Recording of the Lecture

Watch the recording HERE.