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“The OTW represents a practice of transformative fanwork historically rooted in a primarily female culture.”
“You have a terribly limited view of fans and why they do fanwork, Tor.”
“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.”
“A fanwork that enhances sales of the original is likely not infringing; one that would take sales away from the original, not so much.”
““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.””
“The first is, who gets to adjucate who is a “fan” and gets to write fanwork?”
“Nor do I think creating legal definitions of “fan” and “fanwork” will end well.”
“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.”
“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.”
“Which is to say that I suspect OTW runs a substantial risk of materially changing the tenor of both fanwork and the community which creates it, if it achieves its legal goals.”
Looking for tweets for fanwork.