this post was submitted on 25 Jan 2024
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Alright, I'll bite. To start, this is a real person that we are talking about. A real person who did not consent. Does that mean anything to you? The fact that there is a very real person that exists in very real life that has had this happen to them?
Otherwise, I agree. Nothing wrong with the male libido.
I don't need someone's consent to draw lewd fanart of them.
Do you need their permission to distribute that art?
This is actually super super tricky.
So, there's an exemption for 'Transformative' art, and while this is obviously pretty shady, it feels like there's a good chance this would qualify as transformative. Basically, you can't copy an existing photograph you don't own, but you can take an existing person and paint a new original picture of them.
We had a big lawsuit just last year where the Supreme Court clarified the line a bit. In that case, the art was found to be not Transformative, but they did a lot to explain why, and based on that, this would be super likely to fall on the side of 'Legally Allowed'.