But the rub is, under fair use you can’t profit from it though, so as soon as you accept payment, now they can sue you. So in the end, they win and get it for free regardless.
If the rights holders enter into a contract and pay you for your work, I don’t think they can turn around and sue you for making a profit off of it. I’m no lawyer, but I don’t think the law is that far gone.
But how can they make a contract? Signing it would violate fair use exemption before that could be argued.
Corps are abusing a conflict within the laws, it’s not even a loophole, it’s just the unfortunate way the laws that protect each person/industry don’t agree.
They can make a contract with you to use your works in their IP.
No, that violates the fair use act, and is the entire point, you can’t commercialize and profit from other people’s work. A contract would literally mean you’ve commercialized it, and have violated the fair use act…. It can’t happen, it’s literally why corps are doing this, and getting away with it.
It sucks, argue that it shouldn’t be that way, but it’s reality, sorry.
Thus, fair use need not even be raised as a defense unless the plaintiff first shows (or the defendant concedes) a prima facie case of copyright infringement.
and
However, binding agreements such as contracts or licence[sic] agreements may take precedence over fair use rights.
You can enter into a contract. There is no requirement that the original work is unpaid. Quite the opposite. If the original IP owner purchases it, since they own the IP there’s no case of copyright infringement. And nothing stops the work creator from entering into contracts.
Edit: I’m not arguing this. This is literally the ONLY way to get paid for fair use materials. Period. You’re wrong. Fair use is an anti-copyright lawsuit claim. There is no issue of copyright if you sell to the original copyright owners.
And even then… EVEN IF you were correct. Your claim that they cannot sell it to the original IP holders doesn’t just allow them to steal the work. That’s still theft.
Contracting someone to use an artwork they made of your character would implicitly grant a license for them to make commercial profit off of that transaction.
But the rub is, under fair use you can’t profit from it though, so as soon as you accept payment, now they can sue you. So in the end, they win and get it for free regardless.
If the rights holders enter into a contract and pay you for your work, I don’t think they can turn around and sue you for making a profit off of it. I’m no lawyer, but I don’t think the law is that far gone.
But how can they make a contract? Signing it would violate fair use exemption before that could be argued.
Corps are abusing a conflict within the laws, it’s not even a loophole, it’s just the unfortunate way the laws that protect each person/industry don’t agree.
There’s nothing conflicting about this.
They have a right to the IP, you have a right to your works.
They can make a contract with you to use your works in their IP.
No, that violates the fair use act, and is the entire point, you can’t commercialize and profit from other people’s work. A contract would literally mean you’ve commercialized it, and have violated the fair use act…. It can’t happen, it’s literally why corps are doing this, and getting away with it.
It sucks, argue that it shouldn’t be that way, but it’s reality, sorry.
Negative.
https://en.wikipedia.org/wiki/Fair_use
and
You can enter into a contract. There is no requirement that the original work is unpaid. Quite the opposite. If the original IP owner purchases it, since they own the IP there’s no case of copyright infringement. And nothing stops the work creator from entering into contracts.
Edit: I’m not arguing this. This is literally the ONLY way to get paid for fair use materials. Period. You’re wrong. Fair use is an anti-copyright lawsuit claim. There is no issue of copyright if you sell to the original copyright owners.
And even then… EVEN IF you were correct. Your claim that they cannot sell it to the original IP holders doesn’t just allow them to steal the work. That’s still theft.
Contracting someone to use an artwork they made of your character would implicitly grant a license for them to make commercial profit off of that transaction.
Profit is not explicitly one of the four factors of fair use.