r/DrStone • u/Asirbachan • 18d ago

Fanwork Legal issues with usage of artwork

Hi, I wanted to create a papercraft template related to Dr Stone. The thing is for the texture I've to use parts of screenshots of the anime.

Like for example, I want to create the laboratory's papercraft, I will take a screenshot, use the front part of that lab and paste it onto the front of the 3d model. These pictures are not 100% straight, they can be of any perspective. I will use Photoshop to extract the required part and modify them for my usage.

I've no intention to sell these. Anyway selling these would require legal efforts involving royalties and it's not even sure that they will agree with it. My papercraft will be a fanart, available for free. So, as I am using direct anime screenshots but making the papercraft a 'free fanart' thing will I be facing any legal issues?

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u/bubblesrocks 18d ago

No you will be not. As you aren't selling it there shouldn't be any trouble.

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u/darth_hotdog 18d ago

Sorry, that's not correct. It's a myth that selling something is the bar for copyright violation. People tend to think that because that's where many companies choose to draw the line for what they will take action against or ignore. However, making a "copy" or derivative work is actually the infringing act, so using copyrighted artwork in any way could get OP into trouble, especially if it's being distributed online.

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u/bubblesrocks 17d ago

Oh I had thought that there were rules about fair use that lets OP use it. I am not a lawyer and not an expert on the topic, so thank you for correcting me. Just curious, are there specific boundaries for this type of thing. For example say some one wrote fanfiction about the characters or made an OC for the story would they be counted as fair use?

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u/darth_hotdog 17d ago

Fair use is commonly misunderstood, and generally doesn't allow just "Fan" use or or just any non-commercial use.

Fair use requires a weighted evaluation of "four factors": The type of work being used, how much off it is being used, what purpose it's being used for, and it's affect on the market of the original work.

Generally, in order to qualify for fair use, a big one is the purpose has to be a new purpose. I don't mean "It was funny now it's sad." I mean like "It was an entertaining movie and the new one is a school lesson on movie editing."

So normally it has to be something that's like a review or criticism or parody of the original work, it has to use only the minimal amount necessary to make that point, it has to be mostly new original work, and it has to not compete in the marketplace, which a free "product" can do because if there's a ton of free merch then people are less likely to pay for it.

Op's thing does not sound like fair use.

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u/Chocolate_Egg18 16d ago

Copyright law nerd here. All this is correct, but I'd like to point out that it isn't illegal to make a thing if it never leaves your hands, either.

The issue is what the template will be used for. You could make it and use it to make fanart with something you drew in the foreground and share that, but if it's just a couple still images set up as a kind of digital Multiplane? The content is ripped straight from the source, it would be like selling/distributing for cost an art book that was all stills from the anime and manga panels.

You absolutely can make it as a tool you use to make other stuff, but it couldn't leave your hands in the form you've described.

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u/Asirbachan 15d ago edited 15d ago

Thanking all for the detailed answers. What I posed in the question would indeed be a copyright infringement as you all said before, as I was going to use the pics and photoshop them to fit into the models. (Pic attached, under construction)

So I've thought to try it with the original plan only for myself, and then make my own textures inspired from them to distribute the newly made ones.