>>39919938Like others have said, and this applies to the whole doujin scene not just comiket, it's actually not okay under Japanese law, but the IP rights holders turn a blind eye to it because it benefits them indirectly and they would get absolutely obliterated by their own fanbases if they stopped it.
The reason you don't see something similar in the west is because in most countries if you don't defend your control of your IPs you open yourself up to losing them to legal challenges. You're not allowed to selectively enforce your rights.
This is a rare and counter-intuitive case of Japan's stricter copyright laws actually allowing for more lax enforcement, and everyone involved benefits as a result.