![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
ETA: "Fandoms, Fan Fiction, and Fair Use: Transformative Use For Creators, Part 1" webinar video and transcript
Because I am on summer break for one more week, I had the chance to attend a Library Futures webinar on "Fandoms, Fan Fiction, and Fair Use: Transformative Use For Creators, Part 1." The webinar was presented by several brilliant women who work in legal fields related to transformative works. (I fangirled a little.) I took notes and want to share what I learned here for my fellow creators, archivists, and mods/admins. I winnowed out what I felt was most useful in the context of fanworks and specifically the Tolkien fandom. Please do feel free to share this post with others, and you do not need to ask me first. None of us benefit from withholding information out of a sense of obligation or politeness.
The webinar was recorded is supposed to be available at some point (including a transcript). I'll link it here when it is.
This session was predicated upon an upcoming Supreme Court case (oral arguments begin 12 October 2022) concerning the definition of fair use. Library Futures has submitted an amicus brief in this case. The case, in short: In the 1980s, Vanity Fair magazine acquired permission to use a photograph by Lynn Goldsmith of the musician Prince for an article. Andy Warhol heavily modified the photograph, and it was published alongside the article as planned. After Prince's death in 2016, Vanity Fair planned to do a tribute issue and discovered that Warhol had made multiple different versions of the modified photograph. They received permission from Warhol's estate to use one of the other versions as cover art on the magazine. The Andy Warhol Foundation for the Visual Arts ended up sued by Goldsmith on the claim that their use of the original photograph violated fair use.
( Read more... )
Because I am on summer break for one more week, I had the chance to attend a Library Futures webinar on "Fandoms, Fan Fiction, and Fair Use: Transformative Use For Creators, Part 1." The webinar was presented by several brilliant women who work in legal fields related to transformative works. (I fangirled a little.) I took notes and want to share what I learned here for my fellow creators, archivists, and mods/admins. I winnowed out what I felt was most useful in the context of fanworks and specifically the Tolkien fandom. Please do feel free to share this post with others, and you do not need to ask me first. None of us benefit from withholding information out of a sense of obligation or politeness.
The webinar was recorded is supposed to be available at some point (including a transcript). I'll link it here when it is.
The Supreme Court Case at Hand
This session was predicated upon an upcoming Supreme Court case (oral arguments begin 12 October 2022) concerning the definition of fair use. Library Futures has submitted an amicus brief in this case. The case, in short: In the 1980s, Vanity Fair magazine acquired permission to use a photograph by Lynn Goldsmith of the musician Prince for an article. Andy Warhol heavily modified the photograph, and it was published alongside the article as planned. After Prince's death in 2016, Vanity Fair planned to do a tribute issue and discovered that Warhol had made multiple different versions of the modified photograph. They received permission from Warhol's estate to use one of the other versions as cover art on the magazine. The Andy Warhol Foundation for the Visual Arts ended up sued by Goldsmith on the claim that their use of the original photograph violated fair use.
( Read more... )
Tags:
