Fan Art A Wife And Mother Fan Art

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t3alqdansam

Engaged Member
Jan 30, 2021
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Patreon does have rules covering this and L&P doesn't need to go and file for copyright as long as he stays under Patreon wings.
Westpod also use Patreon so he falls under the same rules hence he broke those rules by using AWAM, not only the model but also the name.
Phoenya's model is a bit different but he is using the name which isn't ok and doesn't matter how big or small the creator is.
If I was Phoenya, I would send L&P a message and ask if it's ok.
Good to know. I just wonder how much the rules are enforced. We know they have a rule against what the dev is doing to distribute AWAM. Does not seem like they are doing anything about that. What ultimately makes them enforce a rule? Just a thought. Why the Dev has not moved his AWAM operation to Subscribestar is curious.
 

Penfold Mole

Engaged Member
Respected User
May 22, 2017
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is there like a thread for fan games of awam, or do i have to scroll all these pages to find
somewhere in the previous 100 pages is a list. But, you may enjoy the scrolling. Just do 20 pages a day or so. It will go by nearly as fast as the fapping. :LOL:
That, by all means :sneaky:
Or you could at least try to be clever and use thread search of some related words like 'game' or smth.

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You have to set 'Search Options' to 'most recent' in your account preferences to get results sorted by date.
 
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m4dsk1llz

Engaged Member
Feb 13, 2019
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Please note that I am not a lawyer, but I played one in a High School play. :whistle:
There is a lot incomplete information here with the discussion of protecting ones images. First off, let's just talk about how we got to any of the characters. These are all fan created works, I don't think anyone on this thread actually got the exact recipe from L&P. Reverse engineering does not automatically mean "infringing".

Now we move on to actual protections under law. Under 17 U.S.C. § 501, an artist who copies a copyrighted artwork commits copyright infringement because the artwork they copied qualifies as a “pictorial” work of art under §102. However, it is important to know whether the designs that the artist copies are registered with the U.S. Copyright Office. Yet, while registration is voluntary, and copyright exists from the moment the work is created, the design does need to be registered to bring a lawsuit for infringement of work.

More specifically, to bring any legal action to enforce the copyright, you need a copyright application with the US Copyright Office—there is no common law right to sue for copyright infringement. If the image is registered, then its owner also has rights to “derivative work” under §101 and §106, so the artist who copied the image does not have the right to create and sell their derivative work.

But, no protection is available for unregistered designs. While the UK has design rights akin to copyright, design rights in the US are related to patents and must be registered in a design patent application at the USPTO. Unless the image that the artist is copying is registered with the US Copyright Office, the other artist cannot seek a court order restricting its use. Remedies such as injunctions or damages would only be available if the design is registered.

Most people just know the first part of this, so they assume that every derivative work is infringing, in some manner or another. While that notion will always keep you safe from legal action, it actually isn't completely correct. L&P would have to register his images, and that means every one in his VN, which has the character he wants to protect, or at the very least the actual 3D model used, with the US Patent and Trademark Office. I would bet that was never done. So while you may find that Phoenya selling images on his Patreon of his interpetation of Sophia might not be to your liking, I am not sure if it is technically illegal. But I am also not sure it is a fight worth having if L&P reports the "infringement" to Patreon itself.

Then we move on to the topic of "Fair Use", but that is a whole other can of worms.
 
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4.60 star(s) 11 Votes