Legality of Fan Art in the Philippines
FAN ART - It is a transformation of an original work into another art made by a fan, for example, a character from the movie of AVENGERS, then printed to a T shirt, this is a derivative work which under the Intellectual Property Law is likewise protected by copyright.
However, under the law, copyright holder or the original creator enjoys economic rights which he may transform the work and prevent others from transforming his original work.
A derivative work is legal, however, the work must to be used in a manner which does not conflict with the normal exploitation of the work ( original work ) and does not unreasonably prejudice the right of the original creator.
In other countries, Fan Art is regarded as legal by reason of parody. From the view or opinion of other Copyright owners, Fan Art makes their creation profitable and more known to the public, more persons patronize their work.
However, in the Philippines, the above-mentioned may not hold true or may not apply in the same manner as other countries permit the act.
In the Philippines, the reality is that the work of a Fan is almost more profitable and more known to the public, therefore prejudices the work of the original creator, but why was this not yet prevented?, it may have been tolerated by silence or innocence, and makes the wrong doing, repeated and becomes a right at the end of the day. People may have known the law, or know the law but having misconception or misapplication of law in their minds that the original creator's work has no registration, therefore not protected by law. The copyright law in the Philippines may become inutile in reality.
