Can I draw and legally use a Twitch avatar and emotes in Mario Design?

Hi. To answer the question in more detail: I want to create an avatar / mascot for Twitch. I made friends with the idea of taking Mario's Buu Huu as the basic shape and adding a few details so that it looks like me, e.g. Put on glasses, eyelashes, etc. I would also use this design to draw my own emotes. Is that legal, is it considered fanart, or does it fall under copyright guidelines?

I do not believe who you change it a little.

OK. Hope it answers maybe. Someone else who might work in the industry xD thanks. I have attached a photo of what it would look like.

The original may or may not be protected as a work of the visual arts within the meaning of UrhG https://www.gesetze-im-internet.de/...g/__2.html. We do not know that. In the event of a dispute, a court called upon will decide on this based on the creative height of the graphic.
The original can be protected as a trademark in the sense of https://www.gesetze-im-internet.de/...g/__4.html or not. We do not know that. You can research that, for example at DPMA.de. What you are not allowed to do with the graphic is in https://www.gesetze-im-internet.de/.../__14.html.

A graphic can be protected by 1 and 2 at the same time - or only by 1 or only by 2 or not at all.

In the case of 1 there's this possibility: http://www.schmunzelkunst.de/saq.htm#freinutz

In the case of 2, it depends on whether you use the brand to sell a product and so - or not, for example just to fool around with it. See also the examples "purple cow" and "bang again" in http://www.schmunzelkunst.de/saq.htm#marken