case: (Default)
Case ([personal profile] case) wrote in [community profile] fandomsecrets2019-04-05 06:47 pm

[ SECRET POST #4473 ]


⌈ Secret Post #4473 ⌋

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

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[Note from OP: All images obtained without creepy family stalking: James & Sullivan Marsters' from a promo shot for their band, Jensen & JJ Ackles' from Jensen's public Instagram]


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[Queer Eye]


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15. https://i.imgur.com/EcOtWAA.gif
[animated secret, Avengers]













Notes:

Secrets Left to Post: 00 pages, 00 secrets from Secret Submission Post #640.
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) 2019-04-06 01:45 am (UTC)(link)
I have no problem with fanworks creators making money off their fanworks.

That said, ideally, I would like it if an arrangement could be reached so that the owners of the intellectual property (by which I mean the source text, not the fanwork) received a cut of the profits.

HOWEVER, if I had to choose between the IP owners gouging the hell out of fan creators by taking the lion's share of the profits, or IP owners getting nothing, then my loyalties lie with the fans not the IP owners.

(Anonymous) 2019-04-06 02:05 am (UTC)(link)
Ah, yes, because Disney and Square Enix need all those fanart dollars.

(Anonymous) 2019-04-06 02:30 am (UTC)(link)
It's not about need. It's about the fact that they own the intellectual properties, and therefore, IMO, it's unjust for them not to get a cut. Need is irrelevant.

I feel the same way on this issue whether we're talking about some broke nineteen-year-old's first self-published novel or the MCU. Either way, the IP owner ought to have a right to a (reasonable, non-exorbitant) cut of the profits a fan writer makes using their IP.

My feelings of fanart are a bit of a different story. I don't really have any set opinion on whether the IP owner, ideally, ought to profit off of fanart sales. My inclination is to say no, they shouldn't. Or perhaps, only in cases where an artist is selling fanart prints in numbers greater than [X]. However, it's a issue I'm largely on the fence about.

(Anonymous) 2019-04-06 02:48 am (UTC)(link)
yeah but I don't think most of the IP owners are going to jump at the chance to link their corporate identity with acknowledging what people are writing and drawing. sure, they might be into taking a cut of really beautiful poster-quality portrait or action images of characters, but they probably wouldn't want to touch that fanart of the same character being probed by tentacle monsters.

in a sense there is licensing, but IP owners only license what they think will be good merch, and licenses are prohibitively priced so that only larger manufacturers can afford them.

(Anonymous) 2019-04-06 03:10 am (UTC)(link)
You're right, of course. My wish that IP owners could receive a cut truly is a "in an ideal world" type of thing. It's not practicable as things stand, and it may never be; I just think it'd be great if it were.

As someone who's been deep into fandom for a long time now, it's always so weird to me, this idea that the owners and creators can't have any sort of link to fanworks - it's this hilarious "the floor is lava!" approach to the world of fanworks - like, if your toe touches, your IP is poisoned! I mean I get why the creators can't engage with the fanworks themselves - they need to avoid potential accusations of concept theft. But the whole attitude of, "If we make money off of fanwork then we're validating it, we're practically adopting it as canon, omg there will be rioting in the streets!" is just eyeroll inducing to me. Even more eyeroll inducing is the thought that they may actually be right; a certain percentage of the general public may actually see it that way.

(Anonymous) 2019-04-07 04:42 am (UTC)(link)
NA

IANAL (I worked as an office manager in a patent law office for a few years) but I know there is something at least for trademarks (I'm not sure how much it carries over to other aspects), where if the holder is aware of someone else using their thing and they don't immediately get them to stop it, then it is seen as approval and weakens their trademark. So pretty much if their toe touches, they are "poisoned". So, it's not really an overreaction as you seem to be saying it is. It's a really complicated issue and I don't think there is a way to get to what you want for your ideal world.