Fan Art: Homage or Copyright Infringement?

"Barbie and Ken BADASS" by Tohad
DeviantArt

One of the best spots on the internet to look for an abundance of fan art is DeviantArt. From books and movies, to anime and comics, and more, DeviantArt offers professional and amateur artists the ability to post and share their works of art. In fact, their website even allows tags and posts to be added under the title of Fan Art. 

I've browsed through DeviantArt for over twelve years, and I can (embarissingly) say it never occured to me that fan art could be considered copyright infringement. 

Just consider this Barbie & Her Boyfriend Ken poster on the left. It seems to resemble a film we recently watched, right?

Wouldn't taking a popular brand of toys (Barbie) and re-mix it to look like a movie (Kill Bill) be infringing on copyright? Shouldn't these be taken down or removed because of their content?

"Come as you are" By Tohad
DeviantArt

Apparently not.

I'm not quite sure how the process works on DeviantArt. There are literally thousands, if not millions, of pieces of fan art, yet it remains an active website. How are artists able to take these copyright works and transform them into something entirely their own?

Let us know your thoughts in the comments below!

P.S. The artist of these BADASS works is even in the process of self-publishing a collection of his work! 


Check out the full gallery by Tohad on DeviantArt!