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Silverlode
Forum Admin
/ Moderator
Apr 6 2015, 4:08am
Post #26 of 30
(1051 views)
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any legal cases or official information (from studios or lawyers, not fans) where fanedits are considered the same as other types of fan art, we would be interested in seeing it. Parody, satire, and derivative works are covered under Fair Use and there are legal precedents. But as far as I have been able to tell, fanedits do not fit the current criteria for Fair Use exceptions. And the DVD licensing issue is a second legal problem that Fair Use doesn't cover.
I realize that a lot of people think fanedits should be classed with other forms of fan art and strongly want them to be, but I have not seen anything to indicate that the law agrees as yet. Perhaps in the future that may change, but we have to shape our policy by how the law is interpreted now. Those who want to see fanedits will probably not have much trouble finding them - just not on TORN.
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balbo biggins
Rohan
Apr 6 2015, 1:51pm
Post #27 of 30
(1023 views)
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was going to give this as an example but..
[In reply to]
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Can't Post
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...its seems even steven sodergergh cant even get round the issue!
http://extension765.com/sdr/23-the-return-of-w-de-rijk
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Otaku-sempai
Immortal
Apr 6 2015, 3:09pm
Post #28 of 30
(1013 views)
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surely a fanedit could be classed as an artwork and under the laws permitting use of material in works of art/comedy/parodies would be a legitimate and legal thing to link to. if fanedit links are banned so should parodies and all artwork that uses WB's middle earth likeness and imagery
I suppose that if Roy Lichtenstein's pop-art swipes of comic-book illustrations can be considered Art then so could fan-edits.
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Dame Ioreth
Tol Eressea
Apr 6 2015, 3:54pm
Post #29 of 30
(1032 views)
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Thank you Silverlode for answering all the questions with this one post
[In reply to]
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The answer is buried in the discussion but it can be found here. I was not sure of the legal ground but now I see the background. It makes perfect sense to me and to my mind should answer all questions.
I can understand folks being disappointed that there particular requests are not being met but things do not always go the way of individual needs here or anywhere. (Ooh, that sounds very Spock-like...) 
It is a tribute to TORn's diverse audience that those seeking the ready-made want to come here. But ask any film maker, any website moderator, those things that mean the most and that accomplish the most come from years are sweat and toil, not from short cuts.
I applaud and support the Modars in their efforts to give us a wonderful playground in which to play while protecting that same playground from legal issues that could shut it down or divisiveness that drives folks away. It's not an easy task; it's a fine line they tread every day. 
So thank you Silverlode for a very succinct answer to the issue and thank you to all the Modars for a very lovely place to play. You take the heat so we can have our fun. I appreciate it very very much and I know many others do also. 
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^ What she said ^ //
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