Fair Use?

 A question that pops up semi-frequently is how can other authors, studios or publishing companies use characters that are copyrighted by another? Initially I had little interest in the question as it's between two or more people/companies that aren't me. But, since it keeps coming up, I think it might be worth examining for the educational reasons.

Well, there's a misconception around copyright, you can, in certain situations, make use of copyrighted material depending on the laws in the country you operate and how you go about it. It's impossible to give an answer that covers every situation, so I won't give specific examples, I'll outline the general possibilities here.  

Generally what's happened is one of the following.

1.  They sought and received permission to make use X 
2. The copyright holders do not know about the unauthorised usage of X
3. The copyright holders do know about the unauthorised usage of X, they just don't mind
4. The usage is protected via a specific part of legislation.

You can use things if you get permission, it happens all the time, creators are fans of each other and corporations will license or collaborate with others to exploit new revenue streams. Check to see if there is an acknowledgement or mark of collaboration.

For the second option, it's a big world and no one can be everywhere. There is no such thing as a copyright police force (not yet anyway) the protection of copyright is the responsibility of the owners of that copyright. Even in the digital age, things fall through the cracks and stay under the radar. I won't give specific examples, but I've seen plenty of restaurant/takeaway children's menus made more colourful by the inclusion of some beloved children's media characters, and I have a hard time believing these small businesses went through the trouble of sending in the required paperwork.

For the third case well, it's up to the copyright holder what they do and do not do with their copyright, they don't lose it due to laziness. You ever followed an author or showrunners social media accounts and seen them share examples of fans cosplay, fan art and other acts of appreciation? You could make a case that all of that is copyright infringement in court, and yet they seem to be cool with it.

 The last one is a bit different, some copyright legislation have exemptions. Parody is a common (though not exclusive) example, it's difficult to make fun of a thing in a way that does not use any recognisable elements that aren't copyrighted in some form. 

I guess the point of this piece is `don't sweat it`.