On copyrights.

[bladespark]

I've written about this subject before, but it's one that just continues to bother me, and I just had it brought to my attention again, in a rather sad way.

Did you know that Melody Pena, the Windstone maker whose skill I worship doesn't allow fan art of her creations? He explanation is that a well-meaning fan will copy her amazing style, then somebody else will copy the fan's work, and suddenly there will be a hundred copy-cats, and she will no longer have a unique style.

She has a bit of a point. If you look at furry art, it tends to come in three types, Disney, WB, and DarkNatasha (or possibly Goldenwolf, I don't know who was first.) And it is a little bit sad sometimes. I do think some artists miss their own potential because they copy others instead.

But... I just can't quite see how the end result is worth it. Right now we have Melody, all alone, making gorgeous sculptures the like of which I have NEVER seen anywhere else, in quality, in style, in anything. And I HAVE seen imitations. They're a joke. They're nothing at all like the results she gets. Because nobody who is an imitator alone can have the kind of creative genious that Melody has. There's just no duplicating it. No way. And the time and skill and effort that goes into making those sculptures is amazing!

So say she lifts the ban, fan art flourishes. What results? Well... the results you see in most fan communities. Lots of really bad art, the occasional gem, a ton of enthusiasm, nobody else actually making any money, the original gets promoted and passed about along with the fan stuff, lots of publicity, everything's good. You might get one or two minor competitors who use the fan stuff as a springboard for their own styles, but that's about it. Dark Natasha has so many imitators tht you can't even count 'em, and there are a lot of them are are dang good, and have become her competitors. But I'm pretty sure that she doesn't have any shortage of business because of this. Anime artists have fans coming out of their ears, all copying their styles, and yet anime is the biggest growing entertainment area in the US right now, and fandom is the reason why.

But with the ban in place, what do we have now? Hurt feelings and reluctant fans, is what we have. Melody is at least nicer about it than some I could name, but it's still painful to be told "This thing you made because you love me and my art? Sorry, it's got to go, get rid of it." I mean ouch. That hurts. And I'm a reluctant fan. I still can't help but admire and love her art. But....

That kind of treatment of fans is why I don't really read Anne McCaffery anymore. She sued a fan. Said fan was admittedly in the wrong, she was using fan art to make money. But legal action wasn't the way to go there! And the way Alan Dean Foster reacted when I, in a panic, told him I had fan art of his, please don't sue! is why I'll still read Alan Dean Foster even if his work starts to 100% suck, because his response was "Fan art? Awesome! If you sell one, send me half, kay?"

It's why I actually have publisher loyalty to Baen, because they aren't all up in arms over anti-piracy, and encourage fans to contribute.

It's why even though I love, love, love Windstones, and will still continue to collect them, I no longer have quite the respect I used to for Melody. She's a gifted artist. She seems like a nice person. But she's chosen to build a fortress rather than a banquet paviliion, and that just seems small and petty to me. She could have invited us all in the share, and I really don't think it would have hurt her sales, but instead she has to be alone on her little mountain of art. I guess if it makes her happy that's great. But I'd rather have fan art. (Heck, I've never had fan art in my life! I'd die of squee if somebody drew fan art of my stories.)

I'm not a marketing expert, but I can't think of a single case where fan works have hurt the original's sales. Anybody out there know one?

(If I thought it would change anything, I would present this argument to Melody, and ask if she just doesn't know that fan art helps sales, or if there's some other reason behind it. But I get the feeling it would just create conflict and do nothing, so I shall refrain.)

Comments

[silveradept]

About the only case I could think of is if the fanart gets to be better than the original material for one reason or another. If a doujinshi artist draws and scripts better than the original artist, it might hurt the original, but it might require that the original be bought to understand the doujinshi.

I don't know of any fanartists that get into it to deliberately undercut the original author, copy them, and make money off it. Those kinds of people will fall afoul of copyright law, anyway.

Good fanart might actually drive interest and price for originals up, so that people can be jealous of those with originals.

Ok, this is gonna be lengthy...

[kainhighwind-dr.livejournal.com]

Though I haven't joined the forum or community (I'm a compulsive net-lurker) I saw that bit about 'no fanart' and kind of got a weird feeling from it too.

It's almost like when you get to be that good, that famous, that popular, that you start to take yourself far too seriously, and view everyone else as potential competitors that could threaten your reputation or profit (a kind of paranoia?). I guess after awhile you stop seeing things rationally. I honestly would have mixed feelings about fanart of my own creations (written, drawn, painted, or otherwise) were I to finally go more commercial with them, but I think I would mostly be thrilled to know people consider me a role-model or worthy of adaptation. And if they DO become successful, it's going to be because they were someone of talent anyway (and will develop their own style), and not the type to do a half-assed mock creation for a quick buck.

Blatant copying for profit is another thing though I guess. But honestly, what's to worry about when the copies that are made for that purpose are, like you say, seriously shoddy in workmanship and appearance. It's often inferior materials, inferior design, and cheap price. The kinds of things you see selling in a dollar store. It's not like people are going to start mistaking it for the real thing. And crap-store sales of items no one REALLY wants is hardly going to make a dent in the original's profitability.

But to be honest, how original can you possibly make something? If one goes chasing after everyone who demonstrates traits in their work that even remotely resemble their own, one would soon find there are others doing the same to them. I'm sure Melody isn't the first to construct those poses, styles or otherwise. Even if only by chance they were concocted at the same time as someone else (it does happen).

I should talk... even my own portfolio contains a watercolour painting that I did in highschool, adapted from an acrylic original on an album cover (and clearly indicated as such). I wanted it to be simply a demonstration of my watercolour skill, but I've had serious doubts as to the credibility of such usage anyway, and want to replace it with something more original (or just dump it altogether). I suppose it's not the same as selling the actual piece (just 'selling' my skill) but it still troubles me.

I didn't realize that about Anne McCaffrey. You know who really gets my goat? Dennis L. McKiernan. I still read his work, but have gripes about it. You may know this already, but he wrote his Mithgar novels as a Lord of the Rings fanfiction and approached the Tolkein estate about publishing it. They said "no, make it your own story", and he does so (though I gotta say, the similarities are more than subtle, to the point of pain). Then he turns around and says "I don't want fans making fanfiction of my work." Ironic...

I don't know that I'd approach Melody about it either, I think your hesitation is well-founded. Might be best to just let it go. She can't stop people from doing fanart in their homes and using it to develop their own skills at least; which is probably the most important aspect.

Re: Ok, this is gonna be lengthy...

[bladespark.livejournal.com]

I knew the Mithgar stuff was inspired by Tolkien (how on earth could you miss noticing that?) but I didn't know it began as flat-out fan fic. Interesting. And he discourages fanworks? Shame!

I'm impressed by a good author. He is one, and I like his stuff. He started with Tolkien and went on to make something truly original and interesting out of it. But to then try and stomp on other up-and-coming authors that might use his stuff is just... sad.

I should go find my old "I <3 Baen" essay and relink it here. It's amazing how some people can react positively to something that gets everybody else reacting negatively.

[bobkat357.livejournal.com]

I have been helping a bud with that its not to hard to Water mark stuff through all Image etiors let me know witch 1 you use and I will see if I know how to CP it

[bladespark.livejournal.com]

Did you even READ what I wrote? I think being protective of copyright is silly! Stupid! Annoying! I DON'T want to copyright my stuff.

[bobkat357.livejournal.com]

I reread it and I must of misunderstood the first time hehe

[keplilly.livejournal.com]

Huh, I remember hearing about it but hadn't really thought about the ramifications. You make a lot of sense here. That is a lot to think about.

[errickfoxy.livejournal.com]

Not to mention the people who clone Sonic the Hedgehog. I never know what to think about that sort of fanart, or fan-characters. I tend to think, if someone can copy the Sonic style as well as some folks I've run across, imagine what they could do if they just made their own style.