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Examples
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The OTW represents a practice of transformative fanwork historically rooted in a primarily female culture.
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The OTW represents a practice of transformative fanwork historically rooted in a primarily female culture.
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The OTW value statements say “we value our identity as a predominantly female community with a rich history of creativity and commentary,” which is fine but I think sort of brushes over a fair segment of fanwork which to me appears to be predominantly male see: lightsaber dueling videos, but more to the point appears to suggest some people are fans covered under the umbrella of “fanwork” but some may not be.
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A fanwork that enhances sales of the original is likely not infringing; one that would take sales away from the original, not so much.
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Point here: Drawing a line in the sand and saying “this is a fan” and “this is fanwork” is a proposition that I suspect would lead to some very interesting gaming of definitions, both by fans and by copyright holders.
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Nor do I think creating legal definitions of “fan” and “fanwork” will end well.
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Female-dominated media-based fandom I should note that not all fanwork-producing fandom is “media fandom”, many of those of us who write RPF reject that label focused on LiveJournal.
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“Drawing a line in the sand and saying “this is a fan” and “this is fanwork” is a proposition that I suspect would lead to some very interesting gaming of definitions, both by fans and by copyright holders.”
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You have a terribly limited view of fans and why they do fanwork, Tor.
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The first is, who gets to adjucate who is a “fan” and gets to write fanwork?
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