OTW Fannews: Asking and Getting

[otw_staff]

The Daily Dot discussed Funimation's fanart stance with OTW Legal staffer Rebecca Tushnet. "'[I]t’s notable that there’s no mention of fair use...Fan art can be non-infringing fair use; elements of whether it is fair use include how transformative it is (how much new meaning and message it adds); whether it’s commercial or not; and whether it displaces a market for 'official' goods.'

So it doesn't matter that they've declared they won't be going after commercially sold fanart? Not necessarily, according to Tushnet: 'It somewhat depends on what they actually do, but they are clearly claiming that fan art is in fact infringing copyright, even if they indicate they usually tolerate it. So I wouldn’t feel very reassured by this statement.'"

When should something be in the public domain? What about fair use for fanworks, plus does charity start in fandom? http://bit.ly/1SP78ru