Ownership and Borders
Mar. 29th, 2006 11:29 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
itsallovernowIf you haven't read ![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
cofax7's essay on fannish ownership, do yourself a favor and go here and read it. She talks about the moral,ethical and practical implications of fannish ownership in the context not only of derivative work from the original source but within the fan communities themselves and how we regard each others work, and how we think of our own work. It's fascinating stuff and Cofax has the training and the fine mind to make it all make sense, whatever your take on the topic is.
In my own mind, I accept the "immorality" of using the original text because I'm not profiting from it. Although that in itself isn't exactly true. Fic is a form of fannish currency, and while I may not receive monetary compensation, it gives me fannish status (good, bad or indifferent), is my key and my price of admission for entry into the fannish playground. It's how I prove myself, how I define my place in the structure and hierarchy. But fortunately, neither Henson, the Scifi Channel, or any of the people who actually do benefit finanically from the original text care about my fannish status, so they're unlikely to ask me to stop doing what I do.
As a result of their willingness to overlook my illegal activities, I agree to not bother them with my fannish products. This is both a moral and ethical decision and weighs far more heavily on my conscience than the original seizure of the text. Because stealing the story is a cultural tradition, and as fans, we are very, very cognizant of the owners. (We may act like we don't understand that it isn't ours, but we know it just the same). However, approaching the owners of the text - the writers, directors, producers, actors - with my fannish output. Well, that's something that violates a huge personal tennant for me and when I hear about other people who have crossed that line, I have an immediate, "Get off my side!" reaction. I know a lot of it is meant in a spirit of comaraderie, affection, tribute, but it still squicks me beyond belief. But those are my personal lines. Although that too is personal. Legal issues aside, I wouldn't care if one of the writers or producers or directors read my work. (I'd be embarrassed and weirded out, but it wouldn't truly shame me). However, the thought of one of the actors doing so - not that they would, should or could mostly likely - is beyond horrifying because it crosses the barrier of taking the characters and putting them into a situation, and dealing with the reality that when I think of those characters, it's in the physical form of the people who portray them. I try very hard to sublimate that concept even when I'm writing. If I didn't, I wouldn't and couldn't continue to write fic. Healthy denial and serious compartmentalizing is a beautiful thing when one is looking for justification:)
One of things I find particularly interesting in Cofax's essay is the consideration of how we navigate ownership amongst each other as opposed to in relation to the original text. How we lay claim, and also have no room to argue. I know, again on a personal level, that while I'd never ask permission to use the origin source material (for so many reasons, not the least of which being that permission is legal, and this is pretty much illegal while tacit compliscence is okay. If you actually ask, someone has to say yes or no), I would feel deeply uncomfortable playing in someone else's fic universe without permission. It's why I've never written anything in Cofax's Bellum Interruptum verse, or Rainer's Sideways/Step to the Left 'verse or Max's Ghosts 'verse much as I thoroughly aodre all three universes. I know two out of the three authors, but Cofax is the only one I know well enough to ask permission from, and I feel like I'd have to have a damn good idea and proof that I wouldn't betray her original vision before I'd even attempt such a thing. In the same vein, if anyone wanted to write something in the AU where Blue Eyes takes place, I'd give permission, but I'd want to know exactly who, what and why beforehand.
And these issues? They don't have far less to do with legal/ethical considerations on the whole than in the knitting circle of the fannish playground (whoa with the mixed metaphors!!). Because I interact with these people on a regular basis, because I have a personal relationship with them - however theoretically, and in certain cases it's a name only relationship - I would need to ask permission because I don't want to fuck up the place where I play. It's less a question of ownership than manners. The hierarchy in fandom is far, far stricter than the external hierarchy of fannish appreciation and it's important to know where you stand and how you understand the rules. And one of the conclusions that I think Cofax draws is that the rules are personal to each of us, which is particularly interesting in a culture that revolves around several shared expectations and acknowledgement of external rules. That the laws and strategies and punishments for one's sins are so fluid says a lot about the nature of this society that we exist in, however virtually.
cofax7's essay on fannish ownership, do yourself a favor and go here and read it. She talks about the moral,ethical and practical implications of fannish ownership in the context not only of derivative work from the original source but within the fan communities themselves and how we regard each others work, and how we think of our own work. It's fascinating stuff and Cofax has the training and the fine mind to make it all make sense, whatever your take on the topic is.In my own mind, I accept the "immorality" of using the original text because I'm not profiting from it. Although that in itself isn't exactly true. Fic is a form of fannish currency, and while I may not receive monetary compensation, it gives me fannish status (good, bad or indifferent), is my key and my price of admission for entry into the fannish playground. It's how I prove myself, how I define my place in the structure and hierarchy. But fortunately, neither Henson, the Scifi Channel, or any of the people who actually do benefit finanically from the original text care about my fannish status, so they're unlikely to ask me to stop doing what I do.
As a result of their willingness to overlook my illegal activities, I agree to not bother them with my fannish products. This is both a moral and ethical decision and weighs far more heavily on my conscience than the original seizure of the text. Because stealing the story is a cultural tradition, and as fans, we are very, very cognizant of the owners. (We may act like we don't understand that it isn't ours, but we know it just the same). However, approaching the owners of the text - the writers, directors, producers, actors - with my fannish output. Well, that's something that violates a huge personal tennant for me and when I hear about other people who have crossed that line, I have an immediate, "Get off my side!" reaction. I know a lot of it is meant in a spirit of comaraderie, affection, tribute, but it still squicks me beyond belief. But those are my personal lines. Although that too is personal. Legal issues aside, I wouldn't care if one of the writers or producers or directors read my work. (I'd be embarrassed and weirded out, but it wouldn't truly shame me). However, the thought of one of the actors doing so - not that they would, should or could mostly likely - is beyond horrifying because it crosses the barrier of taking the characters and putting them into a situation, and dealing with the reality that when I think of those characters, it's in the physical form of the people who portray them. I try very hard to sublimate that concept even when I'm writing. If I didn't, I wouldn't and couldn't continue to write fic. Healthy denial and serious compartmentalizing is a beautiful thing when one is looking for justification:)
One of things I find particularly interesting in Cofax's essay is the consideration of how we navigate ownership amongst each other as opposed to in relation to the original text. How we lay claim, and also have no room to argue. I know, again on a personal level, that while I'd never ask permission to use the origin source material (for so many reasons, not the least of which being that permission is legal, and this is pretty much illegal while tacit compliscence is okay. If you actually ask, someone has to say yes or no), I would feel deeply uncomfortable playing in someone else's fic universe without permission. It's why I've never written anything in Cofax's Bellum Interruptum verse, or Rainer's Sideways/Step to the Left 'verse or Max's Ghosts 'verse much as I thoroughly aodre all three universes. I know two out of the three authors, but Cofax is the only one I know well enough to ask permission from, and I feel like I'd have to have a damn good idea and proof that I wouldn't betray her original vision before I'd even attempt such a thing. In the same vein, if anyone wanted to write something in the AU where Blue Eyes takes place, I'd give permission, but I'd want to know exactly who, what and why beforehand.
And these issues? They don't have far less to do with legal/ethical considerations on the whole than in the knitting circle of the fannish playground (whoa with the mixed metaphors!!). Because I interact with these people on a regular basis, because I have a personal relationship with them - however theoretically, and in certain cases it's a name only relationship - I would need to ask permission because I don't want to fuck up the place where I play. It's less a question of ownership than manners. The hierarchy in fandom is far, far stricter than the external hierarchy of fannish appreciation and it's important to know where you stand and how you understand the rules. And one of the conclusions that I think Cofax draws is that the rules are personal to each of us, which is particularly interesting in a culture that revolves around several shared expectations and acknowledgement of external rules. That the laws and strategies and punishments for one's sins are so fluid says a lot about the nature of this society that we exist in, however virtually.
