Today , we mark Mockingjay against Catching Fire for the ultimate booty ( crow rightfield ) , closely observed a stunning encounter between two implore mantises , and pondered the legal ramifications of aspersion of ( fictional ) characters .
Georgetown law professorRebecca Tushnet joined us for a Q&Aon the legalities of rooter fiction , artist ’ mash - ups , and musical sampling . In reaction to this interrogative sentence , from CommenterSnarfelpopperwho asked if the original creator of a character might come after fanworks for defamation of character , Tushnet partake this tidbit about the lifecycle of fanworks in the US :
https://gizmodo.com/ready-ask-a-law-professor-your-questions-about-fan-fict-1466743169
Not in the US ! One grand thing about the history of fandom is that , from the beginning of aggregate media , fans have argued back even against the source , when they felt that the author mistreat their favorites . Fans even rewrote the ending of Richardson ’s Pamela , because they call back he did her a ill turn . Other country have what ’s called a “ right of unity ” allowing the author to object to distortions of their workplace — but it ’s always in the author ’s control , not fan ’ ( so no matter which official edition of Batman you cogitate is the travesty—60s camp or recent crapsack earthly concern version , your only option is to fight back with your own sentiment ) . In theory , the integrity right applies to the work as a whole , not specific quality , but authors in such moral rights area could plausibly object to sure “ distortions ” of their characters .
So what does the tantrum in the rest of the creation look like ?
Most other country do n’t have “ fair use , ” though they do have “ fair dealing , ” which ordinarily allows commentary and critique . It ’s hard to forecast — some countries translate fair dealing broadly ; Germany even go for that sufficient commentary / parody transform a body of work into a totally new piece of work independent of the original , so there ’s no need for a defending team . Canada has a new exclusion for noncommercial remix that is really promising . Nipponese law is in theory rigorous , but in practice right of first publication owners are very tolerant of unauthorised remix like doujinshi , which they recognise hold their own markets . But there ’s very fiddling case law in most nations .
Image : Amungaray
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