What is your policy on adaptations, fan art, and fair use?

NeonMob is a community that seeks to empower artists to create, and collectors to discover, original artwork.

By submitting work to NeonMob, you certify the work is your original idea and creation, and that it does not infringe on the copyright, intellectual property, or publicity rights of another individual or organization. You take full responsibility for everything you upload and publish on NeonMob. This is outlined in our terms of service, and use of NeonMob indicates acceptance of all terms stated therein.

TL;DR:

  • The best way to protect yourself from liability is to create 100% original concepts and work
  • Any work that references existing characters or art must be significantly transformative in order to count as an original work
  • Simple drawings, reprocessed images, and product photos are not transformative

Creating Original and “Transformative” Work
All artwork you upload to NeonMob needs to be your original concept and artwork. This includes adaptations of existing characters and artwork, including fan art, which must meet strict requirements in order to be deemed “transformative” and qualify as fair use.

If your work references another creator’s copyright (character, brand, trademark, or product), your work must significantly transform the way the original work was represented, expressed, and/or communicated in order to classify as an original creation. Keep in mind that fair use is an evolving, nuanced area of copyright law with many grey areas.

Initial approval of your submission or series does not assure that your work qualifies as fair use, and your work can be removed even after it is published (and royalties withheld) in response to a third party complaint and/or further internal review.

When submitting art that references pre-existing art, ask yourself these questions:
— Has the material I have included from the original work been transformed by adding new expression or meaning?
— Did I add value to the original by creating new information, aesthetics, insights, and understandings, or was it merely a copy?

Examples of work that does not count as transformative:
— Familiar characters with a stylized treatment (examples: black & white, pixelated, color shift, etc.)
— Familiar characters redrawn by hand
— Photos of copyrighted products or characters with no transformative effect


Copyright Infringement
In the event you submit work created by another artist, you are in violation of copyright law, as well as in violation of the spirit of NeonMob. We take copyright violations very seriously, and will remove the infringing image from our marketplace as soon as the violation has been confirmed. Repeated submissions of stolen work will result in the termination of your account and a permanent ban from NeonMob. More on our copyright policy here.

Copyright resources
We recommend that you research the copyright laws relevant to the legal liability you assume when you upload artwork to be sold on NeonMob: