Comment by dehrmann
3 years ago
> And yet, some people don't even want their artwork studied in schools.
You can either make it for yourself and keep it for yourself or you can put it out into the world for all to see, criticize, study, imitate, and admire.
that's not how licensing work, be it art, software or just about anything else. We have some pretty well defined and differentiated rules what you can and cannot do, in particular commercially or in public, with someone else's work. If you go and study a work of fiction in a college class, unless that material is in the public domain, you're gonna have to pay for your copy, you want to broadcast a movie in public, you're going to have to pay the rightsholder.
> If you go and study a work of fiction in a college class, unless that material is in the public domain, you're gonna have to pay for your copy,
No you wont!
It is only someone who distributes copies who can get in trouble.
If instead of that you as an individual decide to study a piece of art or fiction, and you do no distribute copies of it to anyone, this is completely legal and you don't have to pay anyone for it.
In addition to that, fair use protections apply regardless of what the creative works creator wants.
Making a profit off variations of someone's work isn't covered under fair use.
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Right, but there's also fair use, and every use I mentioned could plausibly fall under that.
There's no such thing as fair use until you get to court (as a legal defense). Then, the court decides whether it is fair use or not. They may or may not agree with you. Only a court can determine what constitutes fair use (at least in the US).
So, if you are doing something and asserting "fair use," you are literally asking for someone to challenge you and prove it is not fair use.
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