I'm kind of puzzled by the way copyright is applied - an artist can create fanart of Captain America at their hearts content - as long as they don't use it for any commercial purpose. At least I haven't heard of fan pictures of famous characters getting taken down from art websites such as Artstation or Deviantart. But when I use ChatGPT imagegen to do the same, suddenly it goes against the guidelines - a rule very likely created to avoid litigationg from the IP holders of these characters.
Isn't the law being applies inconsistently here?