When Does Fan Art Become a Problem?
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This week’s rabbit hole technically started last week. Whilst scrolling on Bluesky, I noted Mark Kaufman had reposted a video animation of Nancy dancing to a song on a record player. Since I follow current Nancy cartoonist Caroline Cash and the Nancy Comics by Ernie Bushmiller Bluesky accounts seeing Nancy on my feed is not unusual, but never is she animated. Turning up the volume, she was dancing to the song “Disorder” by Joy Division.
I was able to track the creator of the video to an Instagram account for thedigitalassembly. The account description says he a creative director, designer and animator and he’s into “creating Punk & Indie nostalgia with my vinyl collection, sketch, ph/shop, Ai.” Scrolling down the wall is a massive grid of AI generated videos with comic characters mashed-up with punk, indie music bands. By my quick count, there are nearly 50 Peanuts mash-ups, and over 30 Nancy Mash-ups.
The large amounts of intellectual property used in his videos made me ask the question, “at what point does fan art become a problem?” I know most IP holders tend not to get ruffled until someone tries to profit from their IP, but what if the issue isn’t profit, just a massive amount of usage? I reached out to Andrews McMeel Syndicate President Brent Bartram to understand how he sees fan art. It should be noted that AMS distributes both print and digital versions of Nancy and Peanuts, but does not hold the copyright. The copyright for Nancy is owned by the now defunct United Media Syndicate. I assume United Media still lives on paper for IP reasons, and E. W. Scripps is the ultimate IP owner. Peanuts is owned by Peanuts Worldwide which is made up of 80% ownership by Sony and 20% by the Schulz family.
Back to Brent. When asked when fan art becomes an issue for his organization, he said that they have “general rules, but review issues on a case by case basis.” He didn’t have an issue with fan art because the art creators are “just sharing their love” and the art “usually helps us in the end by sending people to GoComics or to buy a book.” He confirms that the line is crossed when an entrepreneur tries to profit from someone else’s IP. At that point AMS will reach out to the to the entrepreneur. He also says at times one of his cartoonist may see something and ask AMU to flex their legal muscle on their behalf.
As far as thedigitalassembly’s use of Nancy and Peanuts, Brent said he wasn’t that impressed by the animation, but in the end didn’t see it as rising to a level of legal violation.
I asked if Brent was a fan of Joy Division. He said he didn’t follow the band, but highly recommended watching the 2002 British biographical comedy music documentary/film 24 Hour Party People about Manchester’s music scene where Factory Records launched Joy Division, New Order, Happy Mondays, among others of the British New Wave movement. I’ve watched the trailer (below), and it’s on my list of shows to watch in the future.
I also wanted to talk with creator behind the @thedigitalassembly to find out why he picked Nancy and Peanuts or if he felt he has overused these two properties. Unfortunately he has not responded to my requests for interview via his @thedigitalassembly account.
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