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this post was submitted on 25 Nov 2024
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It really comes down to the purpose (relevant law):
As well as the following characteristics:
Painting a picture could very well fall under 3 (renders from descriptions in a book probably aren't "substantial") and 4 (a painting of a description is unlikely to diminish the original work). That said, if paintings already exist and yours looks substantially similar to those, it could violate the copyright of those paintings.
Fan fiction, however, directly competes w/ the original work and borrows more directly from existing works, so it would come down to how much it borrows. Writing something in the world of a book may be fine, whereas including specific characters from that world may not. It all comes down to the intended purpose and the characteristics listed above, as well as how well you can argue your case.
I don't think that's true. I'm guessing what happened is that Disney threatened a lawsuit and the father didn't want to fight it, even if he had a strong case. That said, I don't know UK law and how it relates to US patents, so maybe Disney has a stronger case there than they would in the US.
But yes, I agree with the general point here: be very careful with copyrighted works, especially if a big, litigious company owns it (e.g. Disney).