Intellectual Property

OTW Fannews: Collective action

Fans and the general public are becoming less tolerant of corporate overreaches in copyright claims. A crackdown on Etsy vendors marketing Firefly-related hats caused sufficient outrage that one outlet selling the licensed hats decided to donate its profits to a Firefly charity. Yet as The Mary Sue pointed out, at least part of the anger was because now that "Fox has actually decided to license merchandise based on the ten year old television series" they're "taking shots at the smaller, unlicensed retailers that have been serving the market niche they’ve been ignoring."

Message: 

OTW Fannews: The places fanfiction goes

NYU's student newspaper decided to feature fanfiction with a particularly local angle -- fanfiction set on its campus. "Remember when you were waiting for your acceptance letter? Whether NYU was your dream school or just your safety, you’d catch yourself longing for the city, dreaming of the day when you’d leave your home for the magic of New York...You weren’t the only one dreaming. In fact, some would-be students have dedicated hundreds of pages to their NYU-centric fantasies. So focused are these writers’ efforts that NYU Fanfiction has swelled into its own thriving—if slightly inaccurate—genre."

Message: 

OTW Fannews: Giving people what they want

Slate wrote about how badly the DMCA affects accessibility of technology from ebooks to online videos. "[P]ublishers, video programmers, and other copyright owners lock down digital content with digital rights management technology designed to limit users’ ability to access, copy, and adapt copyrighted works to specific circumstances. And copyright owners frequently fail to account for the need to adapt DRM-encumbered works to make them accessible to people with disabilities.

Message: 

Canadian Copyright Law Q&A - Part 3

This is the last in a series of Q&A posts with Graham Reynolds, a Canadian copyright scholar from Schulich School of Law at Dalhousie University in Halifax, Nova Scotia, Canada. The Q&A focuses on Bill C-11, which went into effect near the end of 2012 and made some significant changes to Canada's Copyright Act, some of which influence the way fanworks are treated under Canadian law. The first post, in which Graham answered questions about the general contours of the law and about the law of "fair dealing", is available here. The second post, in which Graham answered questions about the probable effect of the law on fanfiction, fanart, and fanvids, is available here.

Today, Graham addresses Canadian "moral rights," trade-mark rights, and rights of personality; and what the new law means for fanwork creators outside of Canada. Graham explains that creators of noncommercial fanworks may face challenges under Canada's moral rights law, which encompasses rights to integrity and attribution. Creators of non-commercial fanworks are less likely to face problems from Canadian trade-mark laws, but the answer regarding rights of personality is more complicated. Graham also explains that the law may have some impact on fans who are located outside Canada, because the law applies to some Internet activities.

Project: 
Message: 

Canadian Copyright Law Q&A - Part 2

This is the second in a series of Q&A posts with Graham Reynolds, a Canadian copyright scholar from Schulich School of Law at Dalhousie University in Halifax, Nova Scotia, Canada. The Q&A focuses on Bill C-11, which went into effect near the end of 2012 and made some significant changes to Canada's Copyright Act, some of which influence the way fanworks are treated under Canadian law. The first post, in which Graham answered questions about the general contours of the law and about the law of "fair dealing", is available here.

Project: 
Message: 

OTW Fannews: Fair Use and the Modern Fan

On the Media aired an episode on the Past, Present and Future of Ownership, which included a number of good stories, including discussion of the art piece 'DRM Chair' "that collapses after just eight uses." Host Brooke Gladstone concluded with an observation on the origins of the word 'property.' "Eight hundred years ago or so, property’s meaning was pretty much related to the essential nature of something, as in it’s the property of water to conform to the shape of the vessel it’s in. The fact is property didn’t come to mean possession until the 17th century...Now our world runs on property...Once we dwelled in a brick-and-mortar world. Now, as poet Kenneth Goldsmith observed, we swim in a digital ocean. The only certainty is that in such a fluid situation, 20 years hence, property will not mean what it means today." (Transcripts available)

Message: 

Canadian Copyright Law Q&A - Part 1

Near the end of 2012, a law called Bill C-11 made some significant changes to Canada's Copyright Act, some of which influence the way fanworks are treated under Canadian law. With that in mind, we're bringing you a series of Q&A posts written by Graham Reynolds, an Assistant Professor at the Schulich School of Law at Dalhousie University in Halifax, Nova Scotia, Canada. Graham teaches and researches in the areas of copyright law, intellectual property law, property law, and the intersection of intellectual property and human rights, so he's the perfect person to explain how the changes are likely to influence the law of fanworks in Canada.

We posed a series of questions to Graham, and will be posting his answers in this space over the next couple of weeks. These answers aren't legal advice, and if you need specific legal advice Graham (and we) advise you to consult with a lawyer and/or send a query to the OTW Legal Committee.

Today, Graham answers two questions: first about the general contours of the law, and second about the law of "fair dealing" (which is a like the U.S. concept of "fair use," but as explained below, is somewhat different) In the latter, Graham walks through the requirements of what it takes for a fanwork to be considered "fair dealing" under the law.

Project: 
Message: 

OTW Fannews: Fanworks and the public domain

Posting on Mondaq, a legal, regulatory and financial commentary site, law firm Duane Morris offered advice to people about paying more attention to Terms of Service language at the sites where they post. "Smash Pictures produced a porn/adult movie entitled Fifty Shades of Grey: A XXX Adaptation. A predictable result was a lawsuit by Fifty Shades Limited and Universal City Studios, who own rights to the book franchise and movies respectively...the defendants raised an intriguing argument in Counterclaim, namely that the copyrights in the Fifty Shades of Grey books are invalid -- and free for everyone to use -- because 'as much as 89% of the content of the allegedly copyrighted materials grew out of a multi-part series of fan fiction called Masters of the Universe based on Stephanie Myer's Twilight novels'...So a distinctive point in the case was the role of the fan fiction site's user terms of service."

Message: 

OTW Fannews: Public challenges and social tagging

A thesis written about the AO3's tagging system "attempts to begin exploring the question of what kind of environment the site's particular blend of open social tagging and some behind-the-scenes vocabulary control, plus hierarchical linking, creates for the users who search through it for fiction." The study, conducted in 2012, had a mix of quantitative and qualitative methods and the survey was completed by 116 people. "The current online information glut calls for some sort of subject labeling to facilitate efficiency in searching, but the volume of information is well beyond a size that could ever be dealt with by information professionals. “Social tagging” is an approach to this problem that lets non-professionals attempt to organize online information via tagging, for their own and one another's use. But social tagging is a new and rapidly evolving field, and so no consensus has yet been reached on its overall usefulness, or on what best practices might be."

Message: 

OTW Fannews: Privacy and preservation

Salon warned consumers that entertainment driven by data gathering "won't end well." Author Andrew Leonard described how much Netflix knew about his viewing experience with a particular show: "I hit the pause button roughly one-third of the way through the first episode of 'House of Cards,'...Netflix, by far the largest provider of commercial streaming video programming in the United States, registers hundreds of millions of such events...Netflix doesn’t know merely what we’re watching, but when, where and with what kind of device we’re watching. It keeps a record of every time we pause the action — or rewind, or fast-forward — and how many of us abandon a show entirely after watching for a few minutes...Netflix might not know exactly why I personally hit the pause button...but if enough people pause or rewind or fast-forward at the same place during the same show, the data crunchers can start to make some inferences."

Message: 

Pagine

Subscribe to Intellectual Property