Mr Henderson: We keep having this conversation don't we Mr Peters.
Mr (Johnny) Peters: Yes sir (said sheepishly).
Mr Henderson: You should know by now that your energies are better spent bringing your own ideas to life, not taking something someone has already done and distributing the results. The fact that you're "
doing it for free" makes no odds. Nor does claiming it to be "
Fan Art", "
Fair Use" or whatever else you might think, lets you off the hook.
Johnny: Sorry Sir.
Mr Henderson: Here's the thing. "
Fair Use" is not what you think it is. It's not a "
get out of jail free" card, its not a "
protection"; if you reproduce someone else's work and claim "Fair Use" you can still be issued with a 'take down notice'.
Johnny: But why? Everyone else does it... (whiny tail off).
Mr Henderson: You shouldn't be concerned "everyone else does it". You should be concerned with YOUR doing it, because YOU will be the one that has to deal with the repercussions of not understanding the way "
Fair Use", "
non-commercial", "
NY BC ACDC", whatever, actually works.
Johnny: hmmpph... (slumps back into chair).
Mr Henderson: As I was saying. Using other peoples work like that can still have you issued a 'take down' notice and pulled into Court, albeit unlikely at your age, because the person owning the original material has every right, as the owner/creator, to challenge your
claim of "Fair Use" and sue; even Library's, Educational Establishments and other institutions that have actual considerations specific to their needs can fall foul of Copyright and "Fair Use". In all instances the Courts determine whether something falls under that exemption or not. And only when some very specific criteria are met.
Johnny: (fidgets in his seat).
Mr Henderson: So with your
Mario character, what do you think this means?
Johnny: That I shouldn't have made it?.
Mr Henderson: That's debatable. No. What it means is that you certainly should
not offer the results of your efforts for others to use. You should most certainly
not be distributing it. That is where a line is clearly crossed. And it's a sure-fire way to get yourself in trouble even Santa can't fix.
Johnny: But how am I supposed to learn? How can I see how to rig and animate a character if I can't use what I have access to?.
Mr Henderson: You make your own. Or find something you can distribute or share afterwards. Don't assume because you can, you should.
Jenni: (sniggers).
Mr Henderson: That goes for your 'creative endeavors' too Miss Dunning.
Jenni: Sorry Sir.
Mr Henderson: Now be off with you both. I don't want to see you back here any time soon. Understood?.
Jenni/Johnny: Yes Sir, no Sir, sorry Sir.
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