Meme Loving Punk @tyelperin - Tumblr Blog

WHO tf keeping pads with no wings in production?? Put it in your draws and by the time you walk out the bathroom it’s down the street buying scratch offs at the corner store. Like girl

the-real-seebs

one of my favorite genres of post is "evocative imagery"

balaclava-trismegistus

Whenever I try and relate the core problem with the Barbie movie to somebody, I just say the phrase "BARBIE GENOCIDE MONUMENT". It's pretty much been burned into my brain from thinking about that one detail so much.

balaclava-trismegistus

the implications of this are astounding. this is such a bizarre and perverse intersection of American chauvinism, Capitalism, and progressive aesthetics lacking any meaningful critique of anything. I am more preoccupied by this than anything else in the Barbie movie. The fact that nobody thought maybe this would come off this way is so damning.

neoflect

i am pro-copyright infringement. anybody who does fanfiction or fanart or anything should be pro-copyright infringement and obviously we are on the Fanart Website. why this is not a more popular stance among people who spend all their time doing transformative works is beyond me

neoflect

big day for everybody who got mad at this post!

neoflect

really hate to keep hammering on about this, but this post is getting traction from misinformed people who mistakenly believe that fanwork does not violate copyright, or who do not understand what "fair use" is. so lets make this a teachable moment. (information in this post pertains to usa-based laws and regulations, since thats where i am located.)

fanworks (fanart, fanfiction, and any transformative work utilizing copyrighted characters/settings/other assets) are unambiguously illegal and violations of copyright law. im sorry if someone told you otherwise, but title 17 of the us code specifies that the copyright owner has the exclusive right to produce derivative works based on their property. "fair use" is not a right, it is a circumstantial provision that may be used as a defense in the case of a copyright infringement lawsuit, and the only party that can determine whether a derivative work falls under "fair use" doctrine is a federal court. if "fair use" is even on the table, youve already violated copyright law.

you might say to yourself, as many bootlickers in my replies have, that fanworks automatically fall under "fair use" because theyre not for profit. this is both a misunderstanding of "fair use" and deeply ignorant of what typical engagement with "fandom" actually entails. profitability is only one of multiple factors the court takes into consideration of a "fair use" defense, and perhaps more importantly - profiting off of fan works is extremely normalized (and imo justified!) in fandom.

ever bought or sold a commission featuring copyrighted characters or settings? thats a fair use violation. ever bought or sold an art print (or a sticker, or a button, or some other kind of merchandise) featuring an anime character at an artists alley? thats a fair use violation. have you ever donated to a fanartist or a fanfiction writer, even without the expectation of receiving something in return? as of yesterday, thats a fair use violation - the court held that the archive's publication of copyrighted books was "commercial" because the website solicits donations from its users. sorry about your medical bills, but linking your gofundme or ko.fi on the same blog where you publish genshin impact a/b/o yaoi or whatever the fuck means that, under the precedent set by the ia ruling, your works are not defensible under fair use, and mihoyo or whoever is fully entitled to drag you to court and wring you dry for exploiting their property for profit.

the reason why ip owners dont frequently enforce their rights against fanartists is pretty simple - most fanartists are not turning enough of a profit to justify the time and the money that arbitration would take, and possibly more importantly, taking fans to court makes them look really bad. but dont be fooled for a second into thinking your inprnt store is your god-given right. the law is literally not on your side. take my hand. lets abolish all copyright laws together.