Fan binding has exploded It has grown in popularity over the past few years.lots of fan binders do They adhere to a strict gift economy stance in keeping with the writers whose work they produce, and the money they raise, if at all, is often limited to covering the cost of materials. But those who sell bound versions of popular novels for profit are cutting from a different cloth. They are putting those authors, and perhaps fanfiction itself, in an unsustainable position, as the authors themselves are making money on works that don't sell.
Stacey L'Antagne, a copyright attorney who specializes in fan fiction, says, “Strictly speaking, the right to reproduce belongs to the author of the fiction, because it's a 'copy right.' They have the right to make copies of their fiction. He's the only person who has it.” She teaches at Western New England University School of Law.Even though she says it “could officially be considered an unresolved legal issue,” the author of her novel do retains the copyright to the original portion of the story, but of course not the underlying source material.
Is it legal to bind someone else's novel? “The typical lawyer answer is: It depends,” L'Antagne jokes. She said that “it is probably legal to print someone else's fan fiction for personal, non-commercial use,” and that this could probably extend to paying for materials for someone else to bind the book. added. The important word here is “non-profit”. Similar to the legal status of fan fiction itself, the legality of fan binding hinges on fair use, and exceptions in U.S. copyright law depend on how transformative the work is, whether someone profited from it, or whether someone profited from it. It is determined based on factors such as whether or not the rights are owned, and it is determined by collecting money from the right holder. process.
In the fanfiction community, Historically, doing anything else with someone's fiction relied on honest communication. There's nothing stopping you from translating, remixing, creating an audio version (known as podficcing), or printing and binding a version, but it's a good idea to ask first. Some authors post blanket permissions allowing non-commercial involvement in their work, and some, especially in highly popular areas of fandom, offer specific guidance on fan binding. Some writers have it. Last year, a charity auction that raised huge sums of money to capture the works of others led some artists to…Senrinyuu included—Change our policy to only allow personal, non-commercial fan binding.
While many fans respect their wishes, there is clearly a demand for these books, and therefore a continuing supply. Lantagne said filing a DMCA takedown notice is probably the only recourse for fan fiction writers in this situation, as litigation would be very expensive, but there are multiple sellers on multiple sites. In that case, it would be a very tedious process. “This is something that copyright holders have been complaining about ever since the DMCA was passed in the late 1990s. They have to file a DMCA notification every time copyright infringement occurs. It’s a hassle,” she says. “But the alternative is something like YouTube's Content ID, which is used to automatically block uploads, which is notoriously bad from a fair use perspective. .”
Illegal sellers naturally deserve a fair amount of responsibility, but their continued demand, regardless of fiction writers' intentions, speaks volumes about how both size and funding have changed the world of fan fiction in recent years. Masu. To be clear, there has never been a single “fanfiction community” or universal set of norms, but the widely accepted gift economy framework suggests that many fanfiction readers are and has always been fueled by the fact that stories are shared within the community. fandom, with all the structural ties they bring. Pulling and publishing was often seen as a betrayal. We were all on this unmonetized ship together, and now we're jumping ship and making money.