Hikaru Hatsumi ⚡🏳️‍🌈

Facebook's report button is broken 🤣

Add snark :3

They *could* use computer vision models to detect and exclude *any* visual representations of copyrighted characters from the training set, but that still requires training the CV models on the same images being excluded from the main model. The images get used in the training process either way.

And they will be even if the copyright owners pull out their own content, because AI companies will still scrape fan art from sites like DeviantArt and Instagram.

Cute!

*rubs cheeks* Hiiii ⚡

To be clear, copyright does protect the particular literary or visual expression embodying a character, just not the underlying idea or name of the character.

#copyright #misconceptions

Text of the Code of Federal Regulations: "37 CFR § 202.1 - Material not subject to copyright. The following are examples of works not subject to copyright and applications for registration of such works cannot be entertained: (a) Words and short phrases such as names, titles, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents; (b) Ideas, plans, methods, systems, or devices, as distinguished from the particular manner in which they are expressed or described in a writing; (c) Blank forms, such as time cards, graph paper, account books, diaries, bank checks, scorecards, address books, report forms, order forms and the like, which are designed for recording information and do not in themselves convey information; (d) Works consisting entirely of information that is common property containing no original authorship, such as, for example: Standard calendars, height and weight charts, tape measures and rulers, schedules of sporting events, and lists or tables taken from public documents or other common sources. (e) Typeface as typeface. [24 FR 4956, June 18, 1959, as amended at 38 FR 3045, Feb. 1, 1973; 57 FR 6202, Feb. 21, 1992]"

Out of character: I lowkey need people to get it into their heads that names and ideas are not copyrighted.

Yes, that means that character names are not copyrighted.
Place names are not copyrighted.
Magic systems are not copyrighted.
Game mechanics are not copyrighted.

That's what the bards did where I come from

明けましておめでとう！𝐻𝑎𝑝𝑝𝑦𝑁𝑒𝑤𝑌𝑒𝑎𝑟

KPop Demon Hunters getting merged with the DC Universe was not on my bingo card for 2025 😂
#netflix #warnerbros #kpdh

One message I saw the other day said “he made yugioh abridged and then he went insane” and I’m like lol that’s actually not a bad summation of things tbh

Pokemon fanart, digital drawing of a nickit using a laptop, which suspiciously has "DOWNLOADING CAR 60%" on its screen.

Patron request! Nickit is doing crimes 🚨

www.patreon.com/rumwik

#pokemon #art #nickit #patreon

Yes! Here's the discord for my PMD roleplay podcast
discord.gg/A7NCWyPkSd

Aww I love it! Looks like a giant Chingling

Pokemon fanart, digital drawing of a black kecleon with yellow, orange, and white accents eating candy corn from a bag. The background is an orange and yellow gradient.

(2021) Candy corn slurper 🍬🌽

#pokemon #art #halloween #kecleon

I just learned what "grand theft animarum" means and it is a perfect descriptor of this 🤣

also "copyright infringement" LMAO. (that's when his demon minions leaked "Takedown" at the Idol Awards)

An infobox displaying the following text: "Crimes: Impersonation Theft Copyright infringement [note 1] Corporate espionage Conspiracy Mass murder Grand theft animarum Psychological abuse Assault and battery Mass brainwashing Attempted assisted genocide Attempted assisted universal domination"

Jinu's rap sheet in #KPopDemonHunters (spoilers!)

Source: web.archive.org/web/20070621...

Artwork of fake Eeveelutions hosted on Mew's Hangout, circa 2007. From top to bottom, left to right: Stalageon (Ice-type Eeveelution), Foleon (Grass), Powereon (Ice/Electric), Sueon (Water, evolves from Vaporeon), Volteon (Electric, evolves from Jolteon), Aereon (Normal/Flying), Xencheon (Poison), Polareon (Ice), Kimeon (a hybrid of Vaporeon, Jolteon, and Flareon), and Perfecteon (Normal).

And these are artwork of the Mew's Hangout fake Eeveelutions (created by Mewkitty and contributors):

Screenshot of Mew's Hangout sprite gallery circa 2007, as archived in the Wayback Machine. Sprites © Mew's Hangout 1998-2007.

Just dug up the sprite gallery page on Mew's Hangout in the @waybackmachine.bsky.social 😊

Anyone else remember this site?

web.archive.org/web/20070702...

#pokemon #fanart #sprites

Aww, it's mama 🥺

I'm not a fan of AI art, but I worry that some of the recent AI copyright cases will chill human-made transformative expression (a.k.a. fan works).

Disney, Universal, and WB are suing Midjourney for allowing users to post #fanart of copyrighted characters. MPAA has criticized OpenAI's Sora 2 for essentially the same thing.

Why wouldn't they go after DeviantArt, Pixiv, and Instagram next? Or worse - individual fan artists?

[Legal information, not legal advice, as always]

By contrast, a commercial use is presumptively unfair - commercial actors should assume they need to get a license and compensate the rightsholders.

IQ bell curve meme with the captions "fan works are fair use" (over the cartoon person on the left), "actually fan works can only be fair use if they include criticism or commentary" (over the person on the center), and "fan works are fair use" again (over the person on the right). The three cartoon people are positioned over the left, center, and right sides of a bell curve labeled "IQ score".

Excerpt from the Sony Corp. of America v. Universal City Studios (1984) court opinion: "Thus, although every commercial use of copyrighted material is presumptively an unfair exploitation of the monopoly privilege that belongs to the owner of the copyright, noncommercial uses are a different matter. A challenge to a noncommercial use of a copyrighted work requires proof either that the particular use is harmful or that, if it should become widespread, it would adversely affect the potential market for the copyrighted work. Actual present harm need not be shown; such a requirement would leave the copyright holder with no defense against predictable damage. Nor is it necessary to show with certainty that future harm will result. What is necessary is a showing by a preponderance of the evidence that some meaningful likelihood of future harm exists. If the intended use is for commercial gain, that likelihood may be presumed. But if it is for a noncommercial purpose, the likelihood must be demonstrated."

"Transformative use" isn't all there is to #fairuse - it also matters whether a use is commercial or not.

In the famous Betamax case, the court said that NC use of a copyrighted work is presumptively fair, so the burden is on the copyright holder to show that a NC use is likely to harm the market.

Like, there's no monoculture like there was in popular music where everybody heard the same Top 40 on the radio.

I know PMD fanfic is a thing, and I've written some myself, but I'm utterly unfamiliar with most other works in this space (except for the parent show of my actual play podcast).

What's interesting about the #PMD fandom is that there isn't a "canon" of fan works everybody's seen/read/heard of. I came across a list of the purportedly most famous PMD fanfics on Reddit, and I didn't recognize a single title.

This is epic!