case: (Default)
Case ([personal profile] case) wrote in [community profile] fandomsecrets2020-07-13 06:15 pm

[ SECRET POST #4938 ]


⌈ Secret Post #4938 ⌋

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


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Notes:

Secrets Left to Post: 02 pages, 34 secrets from Secret Submission Post #707.
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) 2020-07-13 10:47 pm (UTC)(link)
The ones that give me heart palpitations are the people who do things like going on twitter to advertise that they're doing commissions to write fics for fandoms like Star Wars and Vampire Chronicles. Like I get the gist of what can and can't get you sued, but there are so many times where it feels like no one bothers to be cautious and everything is going to end up with a drastic ban on a site or making fandom stuff for specific fandoms period.

(Anonymous) 2020-07-13 11:09 pm (UTC)(link)
WB is already coming down hard - harder than Paramount in some cases - on fan merch, including stuff that uses no trademarked names nor images but just the Hogwarts house colors or a generic lion and snake. In a lot of those cases, the lowly Etsy seller would absolutely have a case if they wanted to sue Warner for...idk whatever you would call an overreach of C&D, but no lowly Etsy seller has the kind of money for lawyers who can stand up to WB.

Frankly, even if people are finding ways to finally monetize fic, I think it still floats in this weird area where it would be harder to ban it because all people would have to do is go back to not selling it, and AO3 pops out to point out all the legal precedent they've established to make sure fanfic remains fair-use legal. So companies couldn't stop it any more than they can now. But it's also less likely for them to go after fic when there's shitloads of merch already out there to pursue. Call me when they actually crack down on Chinese bootlegs, then we'll worry.

(Anonymous) 2020-07-13 11:13 pm (UTC)(link)
So this seems like a good example of a case where the fine practicalities of copyright law are not at all relevant and only the relative power and money of the actors involved are important and worth considering...