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It's fair use, whereas generative AI doesn't satisfy the same criteria. From https://www.ogcsolutions.com/is-fan-art-copyright-infringeme... :

For fan art to fall under the fair use exception, it must meet all four of the following criteria:

It must be transformative, meaning it adds something new and different to the original work.

It can’t be used for commercial purposes.

It must not negatively impact the market for the original work.

And finally, it must be created for a limited and non-exclusive audience.



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