Totally! And it's interesting for me from a professional side, since a huge part of what the companies I work for do is footwork to determine who owns the rights to various archival footage/stills/audio & how to license/get permission/fair use. The way fandom talks about & understands permission & fair use is very different from my professional experience. Granted there is a very specific difference in that fanworks are not (usually) made for profit, unlike what we make at work.
Still, it places me more in the second camp in that ... eh, fandom is doing some jaywalking. I can appreciate the OTW-style push to legitimize fanworks, but I don't necessarily think that what we do is always legit under current law (which itself is flawed).
(Also side rant: fair use is an argument you make in court. You can't know a specific usage is definitely 100% fair use until it's been litigated. You can get a lawyer to write an opinion letter saying: "based on fair use doctrine & prior ruling we think this would be considered fair use if it was brought to court" but you can't say 100% for certain until a ruling is made in that case.)
(no subject)
Date: 2022-08-21 03:30 am (UTC)Still, it places me more in the second camp in that ... eh, fandom is doing some jaywalking. I can appreciate the OTW-style push to legitimize fanworks, but I don't necessarily think that what we do is always legit under current law (which itself is flawed).
(Also side rant: fair use is an argument you make in court. You can't know a specific usage is definitely 100% fair use until it's been litigated. You can get a lawyer to write an opinion letter saying: "based on fair use doctrine & prior ruling we think this would be considered fair use if it was brought to court" but you can't say 100% for certain until a ruling is made in that case.)