"Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device." ~ Quote the Copyright Office [link]
This refferes to the actual piece that is published.
I'm going to reffer to this publications-autoprotection process as "Ginger" in everything reffering to it below so that I don't have to type it all out again.
I used to get hit in the hands with a ruler by my Mom (who is my art god) for tracing, so I'm personally biased agaisnt it.
From the dry copyright law standpoint is that copies/reproductions of works that are not yours is infringement. This means tracing/eyeballing/photomainpulating/whatever.
As long as it looks like the original published "Ginger" piece, then it's infringement. Sorry.
So my feelings about how DA should handle these things are that I don't think that they should at all. If they don't allow any form of infringement, they they won't have and excessive headaches.
Fanart is weird because most of the time it's original imagry dedicated to a pre-existing character...
Character designs can be trademarked, but from all of the literature that I've ever come across it's not a thing that is automatic (like "Ginger"). These usually are registred.
Characters however ARE the intellectual property of someone else, so if you are making money off of someone else's original character... and they can proove that it's their original character (most character creators can) then they could still attempt legal action against you.
They can deffinitely take legal action against you if they trademarked that character
"How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others." ~ Quote the copyright office [link]
General rule of thumb here: Give credit to the original creators of the character and don't make money off of it.
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YARGABLUMAMBERAGINIUM!!!!!!!! [link]