case: (Default)
Case ([personal profile] case) wrote in [community profile] fandomsecrets2014-11-09 04:20 pm

[ SECRET POST #2868 ]


⌈ Secret Post #2868 ⌋

Warning: Some secrets are NOT worksafe and may contain SPOILERS.

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Notes:

Secrets Left to Post: 03 pages, 075 secrets from Secret Submission Post #410.
Secrets Not Posted: [ 0 - broken links ], [ 0 - not!secrets ], [ 0 - not!fandom ], [ 0 - too big ], [ 0 - repeat ].
Current Secret Submissions Post: here.
Suggestions, comments, and concerns should go here.

(Anonymous) 2014-11-10 08:33 am (UTC)(link)
NAYRT
That is totally and completely different. Cookie making is something that person did on their own. A fic writer is taking materials from someone else and making something from it. This would be more like a cookie maker saying, "I have access to a Dunkin Donuts. I am going to go in there and use their supplies and their kitchen to make you donuts. And I'm going to charge you for these donuts, but Dunkin Donuts gets none of that money." You had better believe that Dunkin Donuts would be coming after this person. As that is illegal. Profiting off of fanfic is illegal as well. Fanfic is a grey area as it is, and I don't want a lot of people profiting off of it, such that it draws the attention of copyright holders/corporations as that will pretty much be the end of it.

(Anonymous) 2014-11-10 08:35 am (UTC)(link)
More like they use their own supplies to make donuts, but brand them as Dunkin Donuts to get more people to buy.

(Anonymous) 2014-11-10 08:37 am (UTC)(link)
Do you feel that way about fanart?

(Anonymous) 2014-11-10 08:40 am (UTC)(link)
Sort of, but it's more like the person fucking loves Dunkin Donuts and makes an imitation out of love, but gets attention because a lot other people fucking love Dunkin Donuts and haha metaphors suck.

(Anonymous) 2014-11-10 08:50 am (UTC)(link)
I completely agree. I don't see why people are acting like it's not a legal issue.

And if they are so hell bent on making profit, and they are not i it for the profit why not use something like Kindle Worlds so the originators of the works gets credit/money and it's (supposedly) legal?

(Anonymous) 2014-11-10 08:53 am (UTC)(link)
Because the person bringing up this I OWE U NUTHIN! argument has some personal beef with the topic and refuses to acknowledge those issues or arguments while all the time claiming other people aren't acknowledging arguments they won't back up.

It's a troll, don't waste your time.

(Anonymous) 2014-11-10 09:00 am (UTC)(link)
It's either equal with fanart -- or both are equally illegal.

(Anonymous) 2014-11-10 09:02 am (UTC)(link)
Of course both are equally illegal? Why is that even in question?

For some reason, people find fanart commissioning more acceptable, but that doesn't make it any more legal than commissioning fanart. You're treading more into potential trademark violations, especially with fanart of already visual mediums, but still not legal.

(Anonymous) 2014-11-10 09:03 am (UTC)(link)
*doesn't make it any more legal than commissioning fanfiction.

(Anonymous) 2014-11-10 09:05 am (UTC)(link)
Yeah, it's the people weighting fanfic commissions as Teh Evil that I'm arguing with. Sorry. I'm not interested in debating legalities, since one is already generally accepted. I'm questioning why that one is more accepted and the other vilified.

(Anonymous) 2014-11-10 09:13 am (UTC)(link)
That I have no idea.

I've seen people make the point that commissioning works of art in general has been a more acceptable thing for a very, very long time, and that might explain some of the discrepancy between the perception of the value of visual art vs. written word. There isn't as much of a culture of commissioning fiction.

Or maybe people just let pretty pictures slide on the moral/ethical scale while they hold prose up to more scrutiny.

Maybe they don't consider drawings of characters to have the same sort of threat to the original.

No idea. Just speculating.

(Anonymous) 2014-11-10 10:16 pm (UTC)(link)
Because if the practice of paying for fanfic became widespread enough for creators to do something about it, they'd have a far easier time going after writers (in whatever way--banning, regulating, etc.) than they would artists, for a whole host of reasons ranging from how easy/hard it is to prove a derivative work to the nebulous concept of the value of visual vs. written art.

Basically, charging for fanfic is Teh Evil because it poses much more of a threat to the freedom of the fanwork community than fanart, because it's a much easier target for IP holders.