I've been busy reading the new comments to this post before I knuckled under to answer you... *g* :) Find anything interesting? Sorry it took me forever to respond, I got swept up in the holidays....
Vidding. That is another whole new ballgame when we are talking about C&D's. And I think it is a situation that OTW would be mad to use as their first test case. It is only my personal opinion, but I think that, on a sliding scale, vidding is actually the least defencible of our fannish works. I think on the transformative/fair use side, vidding is actually better off than fic. Have you seen this video? The real problem comes with the music we use. Because we use songs in their entirety, we're open to problems from the music owners.
RPF/RPS is probably, from my limited thought on the subject, the most easily defencible as long as it is clearly marked as fiction. Yeah, I don't actually know that much about RPF/RPS period, but from what I understand they're pretty safe, in fact, I was linked not too long ago to a site that sells RPS books. Also, if things like the Enquirer can exsist and try and pass their crap off as possible truth, then I think fans are safe :P
FPF/fanfic would be the middle ground, with fic based on material no longer copyrighted being safe, and a test case needed to decide if fanfic based on a copyrighted property is transformative enough to avoid being derivative. It gets me how people can write fanfics based on things that are no longer/have never been copyrighted, and have it published and be considered "real writing" or be considered "respectable authors" just because the original author has been dead for more than 70 years. The one that annoys me the most would be Anne Rice and her little tantrum over fans writing fanfiction for her books, but her recent book is basically bible fanfiction.
no subject
:) Find anything interesting?
Sorry it took me forever to respond, I got swept up in the holidays....
Vidding. That is another whole new ballgame when we are talking about C&D's. And I think it is a situation that OTW would be mad to use as their first test case. It is only my personal opinion, but I think that, on a sliding scale, vidding is actually the least defencible of our fannish works.
I think on the transformative/fair use side, vidding is actually better off than fic. Have you seen this video? The real problem comes with the music we use. Because we use songs in their entirety, we're open to problems from the music owners.
RPF/RPS is probably, from my limited thought on the subject, the most easily defencible as long as it is clearly marked as fiction.
Yeah, I don't actually know that much about RPF/RPS period, but from what I understand they're pretty safe, in fact, I was linked not too long ago to a site that sells RPS books. Also, if things like the Enquirer can exsist and try and pass their crap off as possible truth, then I think fans are safe :P
FPF/fanfic would be the middle ground, with fic based on material no longer copyrighted being safe, and a test case needed to decide if fanfic based on a copyrighted property is transformative enough to avoid being derivative.
It gets me how people can write fanfics based on things that are no longer/have never been copyrighted, and have it published and be considered "real writing" or be considered "respectable authors" just because the original author has been dead for more than 70 years. The one that annoys me the most would be Anne Rice and her little tantrum over fans writing fanfiction for her books, but her recent book is basically bible fanfiction.