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This week’s lecture was partially based around copyright. An interesting idea that was sparked from this was the implications of the existence of fandoms in copyright law, as these are groups whose works are reliant upon copyrighted material, and indeed wholly predicated upon their existence. Fandom works function under the concept of fair dealing, falling into the category of parody and satire. They still however require a high level of ‘transformation’ in order to function as fair trade works; that is, they have to be changed enough, or have provided enough additional meaning to exist as a separate work.

Although there are many instances wherein members of fandoms could have their works called into question, for the most part, fandoms are generally left alone by companies, as through the reimagining, continuation or general excitement present in the works they create, fandoms serve to promote companies’ brands, and thereby increase revenue. Only in instances wherein fan-made works serve to generate their own profit, do companies step in, generally under the guise of defamation or genuine intellectual property rights. For example, LucasFilm threatening to sue a high powered laser manufacturer that had been hailed as making a real life light sabre.

In addition to the free publicity that companies are afforded by fandoms, there are several other reasons behind why so few fandom creations are ever challenged.

1. Non-harmful | Fandom creations are almost always positive.

2. Generate interest | Fandoms not only provide free publicity to works, but also, exemplified in the case of film, TV or book series, generate both new and continuing interest between releases.

3. Not-for-profit | Most fandom creations are made freely available online, created to share excitement about a work, rather than co-opt it for their own profit.

4. Cost of court action | In addition to the monetary cost of litigation, suing a fandom member could generate backlash within the fandom, damaging a company’s image, and ultimately effecting profit.

Ultimately, fandoms, and the work they create, serve to benefit companies, furthering their brands and increasing their profit margins; and therefore, the majority of copyright infringements inherent in fandom work continue to be permitted, as the benefits far outweigh the downfalls.