Not at all. The OTW does not oppose the derivative works right that allows copyright owners to authorize a mass-market film adaptation, for instance, or allows a writer to authorize a specific individual (such as the author's son or daughter) to publish sequels commercially. The founding Board Chair of the OTW is Naomi Novik, herself a professional novelist, whose work is under copyright and who has a stake on both sides.
Legal Advocacy
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I am a professional creator. Is the OTW trying to destroy my copyright?
By OTW Staff on Saturday, 7 June 2008 - 2:37amMessage type:Tags: -
Does the OTW support the commercialization of fanfic?
By OTW Staff on Saturday, 7 June 2008 - 2:36amMessage type:Tags:The mission of the OTW is first and foremost to protect the fan creators who work purely for love and share their works for free within the fannish gift economy, who are looking to be part of a community and connect to other fans and to celebrate and to respond to the media works that they enjoy.
These fans create vibrant and active communities around the work they are celebrating, tend to spend heaps of money on the original work and associated merchandise, and encourage others to buy also. They are not competing with the original creator's work and if anything help to promote it.
While some transformative works legitimately circulate in the for-profit marketplace — parodies such as The Wind Done Gone (the retelling of Gone with the Wind from the perspective of a slave), critical analyses that quote extensively from an original, "unauthorized guides," etc.—that really isn't what fanfic writers and fan creators in general are doing, or looking to do. We just want to enjoy our hobby and our communities, and to share our creative work, without the constant threat hanging overhead that an overzealous lawyer at some corporation will start sending out cease & desist notices, relying not on legal merit, but on the disproportionate weight of money on their side.
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Who are the OTW's legal partners?
By OTW Staff on Saturday, 7 June 2008 - 2:35amMessage type:Tags:The OTW's Legal committee is consulting with the Stanford Fair Use Project and the Electronic Frontier Foundation.
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Is the OTW trying to change the law?
By OTW Staff on Saturday, 7 June 2008 - 2:34amMessage type:Tags:No. While case law in this area is limited, we believe that current copyright law already supports our understanding of fanfiction as fair use.
We seek to broaden knowledge of fan creators' rights and reduce the confusion and uncertainty on both fan and pro creators' sides about fair use as it applies to fanworks. One of our models is the documentary filmmakers' statement of best practices in fair use, which has helped clarify the role of fair use in documentary filmmaking.
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What is the OTW's position on plagiarism vs. fanfiction?
By OTW Staff on Saturday, 7 June 2008 - 2:33amMessage type:Tags:There is a distinction between plagiarism (the unacknowledged use of someone else's words claimed as one's own), fanfiction (the acknowledged or obvious borrowing of story elements to tell a new story in the fanfiction writer's words), and quotation (the acknowledged or obvious use of small excerpts of another's work).
By "obvious" we mean that even if a fan writer didn't put a disclaimer on her story, readers know that she did not invent Wonder Woman or Voldemort, or the phrase "Use the Force, Luke."
Plagiarism is deceitful and prevents the original author from receiving credit for her own original work. Fanfiction and quotation are important fair uses which acknowledge the original author and her work. The OTW does not support plagiarism; we do support fanfiction and quotation.
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What exactly is fair use?
By OTW Staff on Saturday, 7 June 2008 - 2:31amMessage type:Tags:Fair use is the right to make some use of copyrighted material without getting permission or paying. It is a basic limit on copyright law that protects free expression. "Fair use" is an American phrase, although all copyright laws have some limits that keep copyright from being private censorship.
Fair use favors uses that (1) are noncommercial and not sold for a profit; (2) are transformative, adding new meaning and messages to the original; (3) are limited, not copying the entirety of the original; and (4) do not substitute for the original work. None of these factors is absolutely necessary for fair use, but they all help, and we believe that fanworks like those in the archive easily qualify as fair uses based on all these factors.
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Why does the OTW believe that transformative works are legal?
By OTW Staff on Saturday, 7 June 2008 - 2:28amMessage type:Tags:Copyright is intended to protect the creator's right to profit from her work for a period of time to encourage creative endeavor and the widespread sharing of knowledge. But this does not preclude the right of others to respond to the original work, either with critical commentary, parody, or, we believe, transformative works.
In the United States, copyright is limited by the fair use doctrine. The legal case of Campbell v. Acuff-Rose held that transformative uses receive special consideration in fair use analysis. For those interested in reading in-depth legal analysis, more information can be found on the Fanlore Legal Analysis page.
