Alright, I’ve had a bit to think
about it (and think about it, I have done) and I wanted to throw this out there
for everybody to understand. Anybody who has been on my reviews for iWant
Cassie on fanfiction.net recently likely saw the reviews about the story being reported (guess they decided to just
target one to review? I don’t know, I also don’t care) and I wanted to explain
where they came from.
I have a friend (I have several
friends, but this particular one is relevant to the story) who loves to write,
who is very passionate about writing, and who thoroughly enjoys writing
fanfiction for fun. Many of her stories contain song lyrics (yes, yes, I’ll get
to that later). This group of writers from the site, not admins, writers,
decided they were the most spectacular people known to mankind, and chose to
form together to target other writers and blast them in a forum for violating
copyright law. There are a lot of things I want to, and I’m going to, address
about this particular group, but to begin this “rant” as they seem to define it
(because no college-educated adult could ever just post anything in this forum
full of select people who are apparently the only ones, with the exception of
the people they target who cower thinking they have any kind of power, who are
allowed to post in the forum without it being a rant) I’m going to first turn
to valuable information about copyright infringement, the Fair Use Act, public
domain and what that means for fanfiction.net. I’m not trying to turn you guys
away from the website or draw attention to it, I’m trying to share an educated
opinion on it (and trust me, as much as I’ve had to hear and read about
copyright infringement in school, specifically college, I am pretty educated on
it).
So first, let me address the
issue of copyright infringement. Copyright infringement is defined as “a copyrighted
work that is reproduced, distributed, performed, publicly displayed, or made into a
derivative work without the permission of the copyright owner.” (see Copyright
Definitions). The people who started this forum insist that fanfiction is NOT,
as is defined, copyright infringement under the Fair Use Act. Not true, however,
because the Fair Use Act states that “Section 107 contains a list of the
various purposes for which the reproduction of a particular work may be
considered fair, such as criticism, comment, news reporting, teaching, scholarship,
and research.” It goes on to give some examples of what might be considered
fair use, such as “quotation of
excerpts in a review or criticism for purposes of illustration or comment;
quotation of short passages in a scholarly or technical work, for illustration
or clarification of the author’s observations; use in a parody of some of the
content of the work parodied; summary of an address or article, with brief
quotations, in a news report; reproduction by a library of a portion of a work
to replace part of a damaged copy; reproduction by a teacher or student of a
small part of a work to illustrate a lesson; reproduction of a work in
legislative or judicial proceedings or reports; incidental and fortuitous
reproduction, in a newsreel or broadcast, of a work located in the scene of an
event being reported.” (see Copyright Fair Use).
Again,
these are just some examples. There are probably hundreds more out there. But
if you remember back in the beginning of this post, derivative work fell under
copyright infringement. Derivative work is “a work based on or derived from one
or more already existing works.” It goes on to say that “only the owner of
copyright in a work has the right to prepared, or to authorize someone else to
create, an adaption of that work.” Basically, only the
author, or someone they've selected has the right to create more works based on a work they’ve already
created. (see Copyright in Derivative Works and Compilations).
Finally,
the forum moderators mentioned public domain (oh you moderators), let me just
define that for you while you’re still reading. “The work of authorship is in
the “public domain” if it is no longer under copyright protection or if it
failed to meet the requirements for copyright protection.” (see Copyright
Definitions). So, in a nutshell, if it’s copyrighted, it’s not in the public
domain.
What
does this all mean for fanfiction? Well, it means that we’re all technically
committing copyright infringement. We are borrowing characters we don’t own and
creating derivative work from them without the authors exclusive permission.
However, because fanfiction is generally used as a hobby, a creative outlet, a
place for people to come together, or a place for people to improve their
writing skill, and because no harm is usually done, the authors don’t care.
They turn a blind eye so they don’t have to step on the toes of the fans who
enjoy writing. Some may even think it’s an honor that their fans enjoyed their
work so much they want to expand on it, who knows. It’s a hush, hush topic (for a lot of reasons, not just copyright). If, however, an author is NOT cool
with their work being used on the site, they can, and have been known to
threaten to, shut the entire site down FOR copyright infringement. So obviously,
with that little bit of knowledge, it’s pretty difficult to argue that it’s not
copyright infringement.
This
particular group of people, who are evidently just wanna-be copycats of Critics
United (another group of people who apparently get off on bullying other people
on a fanfiction site because, you know, their lives hold no meaning or
something), think it’s their place to try to intimidate other fanfiction
authors for petty, stupid little things and state the rules four and a half
billion times as if we don’t know them. First, I’ve been writing fanfiction for
nearly eight (yes, eight) years. I was writing fanfiction when it was still
hush hush and people would mock you for it. I know the rules better than anybody. Have I
broken them? Yeah. It’s not something I brag about, or would ever go around
bragging about, but when an idea hits me, or I hear a song on the radio, or people
are blowing up my e-mail every single day telling me I NEED TO UPDATE,
sometimes the rules go out the window for me. It’s not a rebellious thing, it’s
not me thinking I’m high and mighty and don’t have to follow them. It’s me
getting the idea out, even if there are lyrics in it, or me telling everyone to
chill out, to wait, to update people on what’s going on (for example, I got a
beta and went from posting a chapter a day to taking my time, letting her take
her time, and then posting and people flipped out. So I posted an author’s note
as a chapter which is against the rules. It was literally two years ago and now
these people are coming up with “you can’t do that.” Like they can’t see it’s
not been updated in two years).
Also,
with the exception of two of the moderators who have been on the site since
2005 (I started Oct. 2006), the rest of them started 2008, 2011, 2012, 2013 respectively according to their profiles.
They are NOT administrators of the site, though they apparently think they are,
they are writers who have a bone to pick with other writers for infringing on
copyright which is what they’re doing by writing fanfiction (duh).
Since
I really just find them sad and lonely, and since their group will eventually
disband just like EVERY OTHER GROUP WHO HAS TRIED TO TAKE OVER THE WEBSITE, I’ve
decided to check out their profiles and let you guys decide if these people are
worth taking seriously. I won’t be juvenile and put their names out there to
blast, since you can find them simply by looking for any forum with the words ‘copyright’
in them, and you’ve probably already had to deal with them.
So
the first one (2005) has a profile LITERALLY FULL of shit about copyright
infringement and plagiarism including a POEM written about it and a bunch of
answers from people they’ve attacked. This, my friends, is a CLEAR CUT SIGN of
cyberbullying. Are you serious, dude? This is what you spent an entire day
doing? You are so obsessed with “busting” people for having some fun you wrote
an entire poem about it? Yet I’m the immature one. Okay. That’s cool. If it’s
immature to stick up for those who actually enjoy writing and call you out for
being one of the biggest web trolls of all time, then sure. Call me what you
want. I’m not the one that spent a great deal of time creating a profile all
about C.I. and plagiarism when I have an entire stupid forum about it. Also,
please do legitimate research and/or see the above points in this post. You
obviously don’t have a clue about fair use or what a derivative work is. You
should type in complete sentences, too. Just throwing that out there. If you
want to harass and bully others, we can come back just as hard at you.
The
second one (2005) has a fanfiction profile for the exact purpose of scouting
people out to throw C.I. and plagiarism at them and has apparently been writing
since before the internet was dreamed of (a little history lesson, internet was invented around 1962, though wasn’t called internet). That means this particular
user, if his/her argument that he/she has been writing since before the
internet was dreamed of, would have had to been born 1961 or early. Simple math
concludes this user is at least 52, going on 53 or older. In short, this user
is old enough to be my father and yet spends his/her time, apparently, scouring
fanfiction.net to find people infringing on copyright without actually posting
any of his/her own work on the website. When you’re 50+ years old and you’re
picking on actual children (because even I, at 22, would be a child to you. You
would have been around 30 when I was born) on the internet, there is a problem with
you, not them. You are the one that needs a reality check. If you’re not at
least 52 going on 53, than your argument of writing before the internet was
dreamed up is invalid and you should do better research. (see Internet
History).
The
third user (2008) has been on the website for over a decade (why do you have a
new profile if you’ve been on for over a decade? It’s 2014, not 2018. Either
your math is way off or something happened to your old profile that you somehow
don’t address even though it would make your argument much more logical). User argues that creators are generous enough to allow us to use their characters. Uh, no, the
creators did not give exclusive rights to the fanfiction writers to borrow
their characters. Unless you have a letter from the author stating such a
thing, that author was not “generous enough to let you borrow the characters.”
The author is turning a blind eye because it’s harmless fun. That is not
express permission. It’s picking their battles. Sheesh. More talk about
stealing work. Obviously you are more educated than the others of the group
because you understand that fanfiction is, in fact, copyright infringement. It’s
either that or you’re referencing something that makes no sense and everybody
assumes you understand what copyright infringement actually is. Also, why are
you being so negative? You hate everything on fanfiction.net, but still write
and apparently read on fanfiction.net. I hate a lot of things on fanfiction.net
and brought a lot of my stories to a different website. I do like that you
address that fanfiction.net is already on shaky legal ground, however we are
not the ones drawing attention to the obvious C.I. happening, your forum and
group of web trolls are doing that, which I already mentioned to you in my “rant.”
However, I disagree with your bold statement that people lack imagination. I
can’t even argue that point because it’s just so ridiculous. Everybody has to
start somewhere, and maybe they’re not fantastic writers yet, maybe they’re not
perfect, maybe they’ve gone a little too far into the original work, but the
entire purpose of writing fanfiction is for fun. Since fanfiction itself, as
you have stated on your profile, could be brought down by one upset author
because of copyright, telling others they’re infringing while you continue to
write fanfiction is the pot calling the kettle black. You, however, are
probably my favorite one in your group, if I was forced to pick a favorite,
because you at least understand that basics of what I’m trying to say. How you
conduct yourself on the website, however, makes me not like you quite as much.
I’m aware you don’t care if I like you, I don’t care if you do, I’m just making
a statement.
Oh
look, another user (2011) who has no actual work of their own posted. Also,
user is apparently a gamer. No reference to age or gender whatsoever (pretty
smart move on the internet, I applaud you).
Their profile suggests they would probably be better off writing a
screenplay than a novel since they’re “acting out” what happens, or what they
think happens, when they report someone for plagiarism. Word to the wise, the
only people who would faint after your incredibly worded and ridiculous mention
that you’re reporting when you could just say you’re reporting are people who
are lacking self-esteem and writing to improve or to have fun. They’re probably
fairly young, so you’re really just finding the smaller kid on the playground and
pushing them around. Not cool, he/she/it, not cool.
Aww!
User five! I was really starting to like you a bit until the end! User five
created a profile in 2013, but hasn’t written anything because inspiration hasn’t
hit. Let that sink in. If you’re going to call people uncreative, at least have
something to back up that you know what uncreative is. Also, a web troll
calling people trolls. If I didn’t know any better, I would think you were
using irony to get a laugh. But I do know better. You aren’t creative enough to post your
own stories, but you call others uncreative. You troll the website for
copyright, but they’re the trolls for committing copyright infringement. For
the love of God, please read the beginning of this post.
Final
user (2008) begins his/her profile by CLEARLY STATING THEY ARE NOT AFFILIATED
WITH THE STAFF. I would end my argument there, but they wrote more, so I’ll
continue. Listen, buddy, if you’re not directly quoting him ("Zack, the apparent admin of the site) (as in quotation
marks and a reference to the actual administrator), then you’re kind of setting
yourself up for people to think you’re him, which is wrong. If you are quoting
correctly, carry on, although I recommend you find a better way of doing it so
there isn’t quite as much confusion. Also, you’re really just too stuck on this
TOS stuff. Before web trolls like you, people actually enjoyed writing on the
site and sometimes broke the rules (either because the situation called for it
or they weren’t very well versed on the rules). Nobody ever had a fit until
groups of self-righteous people decided to be holier than thou and get on their
case about minor infractions, thus destroying the entire purpose of the author
which is to write as a hobby. So, please understand this is why I, and others, don’t like
you or your group. People like you have sucked the fun out of fanfiction
writing and, for some, have entirely intimidated people to the point they don’t
want to go back and write it anymore. It’s funny that I mentioned that prior to
actually looking at the next part, which clearly shows you’ve harassed the shit
out of a poor girl on this website for your own pleasure that she actually
created new accounts to try to get the hell away from you. Are you proud of
that? You really shouldn’t be. You’re not upholding anything. You’re just being
a bully. I’ve referenced that several times now with your other moderators.
There is no other word for it. You think you’re better than everybody else and
have used your SELF-PROCLAIMED power to harass and attempt (succeed many times)
to intimidate other writers. If you want the website to yourself, good luck.
You’re not the first and certainly not the last group to attempt this, and you
won’t succeed, just as they didn’t succeed. Nothing on this website, besides
original characters created within a work, belongs to anybody. Again, it’s all
copyright infringement. The copyright owners can sue the entire site for the work being on it. You people are seriously lacking basic knowledge. YOU ARE
SUPPORTING COPYRIGHT BY POSTING ON THE SITE. You are also the only people
drawing attention to the fact that everything is C.I. If you would stop
thinking you’re right, and start looking at facts, you would CLEARLY understand
what I’m saying and what I have been saying for the past month or so. Do
everybody a favor and get over yourselves. You’re no better than anybody else.
If you enjoy
writing fanfiction, but are finding the fun sucked out of it due to web trolls,
let me know. I would be more than happy to provide you a list of websites where
web trolls don’t try to intimidate you and you can go back to enjoying
fanfiction writing.
Works Cited
Copyright Definitions. n.d.
<http://www.copyright.gov/help/faq/faq-definitions.html>.
Copyright Fair Use. n.d. 2014. <http://www.copyright.gov/fls/fl102.html>.
Copyright in Derivative Works and Compilations. n.d.
<http://www.copyright.gov/circs/circ14.pdf>.
Internet History. 2004. <http://www.computerhistory.org/internet_history/>.
No comments:
Post a Comment