the polarity between commercial and illegal is something I've noticed, too. I wonder why that is. I mean it's not something I'm only picking from people, but from the stuff I found, too. And, I don't know. Maybe the "art" scene in Europe is staying further away from pop culture than in north America? And it just hasn't come up much? Fanfiction is even less well known around here.
But I can easily see how the grey areas could become protected. And even get limited copyright. (As in, yes, the original thing belongs to you; no, that doesn't mean you own all the derivative work and can money off it) I have seen references to something like 'still unknown uses' which maybe could apply here, but I haven't looked at any of the laws for that and if they're of any use to us. I think a huge part of the problem is that we're doing something which most people who have something to do with copyright do haven't done - we're not out for money or any equivalent to that, like say, status within the scientific community by using other people's work.
... are there any other areas that compare to what we're doing? Maybe precendents there would be helpful to our situation.
And the whole situation is rather paradox. Copyright law is supposed to protect the theft of ideas - which we aren't doing. We're all recognizing that we didn't come up with those characters and universe and give credit to the creators. And to protect the material interests of what comes off it. At least that's how understand it. Fanfiction doesn't touch upon either of those, in my opinion. *sigh* I'd love to talk to an actual judge, lawyer or professor to gauge their opionion. Because logical/legitimate and legal can be two vastly different things. Unfortunately, my cousin who is a lawyer deals mostly in family law (and what I like to call annoying petty stuff; wills, the odd insurance stuff. I mean, it's important when you actually deal with it. But it's not the most exciting stuff in the world from an outsiders perspective) And the professor my family is friendly with, I'm pretty sure he deals more with the constituational side of law. Neither of which is helpful. Still, I might talk to the professor next time we're having dinner or coffee together. Dude might possibly know everything about anything. I find I think best when I have somebody to bounce ideas and questions off on, preferably somebody who has some kind of knowledge about the subject.
And on European copyright law, last I heard it is getting more unfriendly. mostly because law makers are starting to follow the lead of the US. I found myself outraged at a few bits and pieces I heard about, but mostly I just started to ignore it as much as possible. Which is stupid on so many levels, but pick and chose your battles. And I chose to hide under a rock and hope it all went away at some point. I may reconsider that stand point now.
Re: tidbit of German legal info
I wonder why that is. I mean it's not something I'm only picking from people, but from the stuff I found, too. And, I don't know. Maybe the "art" scene in Europe is staying further away from pop culture than in north America? And it just hasn't come up much?
Fanfiction is even less well known around here.
But I can easily see how the grey areas could become protected. And even get limited copyright. (As in, yes, the original thing belongs to you; no, that doesn't mean you own all the derivative work and can money off it)
I have seen references to something like 'still unknown uses' which maybe could apply here, but I haven't looked at any of the laws for that and if they're of any use to us.
I think a huge part of the problem is that we're doing something which most people who have something to do with copyright do haven't done - we're not out for money or any equivalent to that, like say, status within the scientific community by using other people's work.
... are there any other areas that compare to what we're doing? Maybe precendents there would be helpful to our situation.
And the whole situation is rather paradox. Copyright law is supposed to protect the theft of ideas - which we aren't doing. We're all recognizing that we didn't come up with those characters and universe and give credit to the creators. And to protect the material interests of what comes off it.
At least that's how understand it.
Fanfiction doesn't touch upon either of those, in my opinion.
*sigh* I'd love to talk to an actual judge, lawyer or professor to gauge their opionion. Because logical/legitimate and legal can be two vastly different things. Unfortunately, my cousin who is a lawyer deals mostly in family law (and what I like to call annoying petty stuff; wills, the odd insurance stuff. I mean, it's important when you actually deal with it. But it's not the most exciting stuff in the world from an outsiders perspective) And the professor my family is friendly with, I'm pretty sure he deals more with the constituational side of law. Neither of which is helpful.
Still, I might talk to the professor next time we're having dinner or coffee together. Dude might possibly know everything about anything.
I find I think best when I have somebody to bounce ideas and questions off on, preferably somebody who has some kind of knowledge about the subject.
And on European copyright law, last I heard it is getting more unfriendly. mostly because law makers are starting to follow the lead of the US.
I found myself outraged at a few bits and pieces I heard about, but mostly I just started to ignore it as much as possible. Which is stupid on so many levels, but pick and chose your battles. And I chose to hide under a rock and hope it all went away at some point.
I may reconsider that stand point now.