A lot of what makes the Wizarding World fandom so robust, vibrant, and enjoyable has been because of the fan works which were created due to it. Fan artwork, fan fiction, wizard rock, clothes, tattoos, Muggle quidditch – you identify it – have all been born out of fan creativity.
Lately, nonetheless, we at MuggleNet started receiving studies that fan creators – primarily artists who promote unofficial merchandise reminiscent of fandom-inspired lapel pins and prints on-line – have been receiving troubling notifications on varied platforms. From Instagram to Etsy, we now have discovered, these creators have been knowledgeable that a few of their content material associated to objects or art work impressed by the Wizarding World franchise has been eliminated on the request of Warner Bros. Leisure Inc., often known as merely “Warner Bros.” In some instances, creators have reported receiving notifications from Instagram associated to posts of fan art that was not listed on the market. In different instances, the artwork was associated to generic witchcraft themes, reminiscent of potion bottles, fairly than imagery that was particularly tied to Harry Potter or Implausible Beasts.
What We Know
We’ve finished some digging, so let’s begin with what we all know. From what MuggleNet has gathered up to now, objects eliminated have included artwork prints, pins, knitted or crocheted objects, stickers, and stationery, amongst others, and the creators affected reside each inside and out of doors the USA. Some have solely not too long ago confronted points, whereas others report having been met with copyright claims years in the past.
This isn’t precisely shocking. Companies and different rights-holders have had a protracted historical past of rigidity with fan creators. Warner Bros. itself has challenged fan entities over time. On the time of publication, ongoing instances embrace Warner Bros. Entertainment Inc. v. Random Tuesday, Inc. et al. (Random Tuesday, Inc., operates Potterhead Running Club, amongst different digital operating teams.)
Different authorized challenges to fan creators have been introduced by 20th Century Fox Television in relation to a hat featured within the collection Firefly and by Disney and Lucasfilm in relation to unofficial merchandise depicting the character The Baby (additionally known as “Child Yoda”) that was being bought on Etsy. In lots of situations, instances come up when an organization has an curiosity in creating an analogous product to what they’re concentrating on, and it’s potential that the official Harry Potter Fan Membership’s pin sets are a part of why Warner Bros. is concerned with these promoting their very own enamel pins.
Focusing on small, fan-run companies over alleged infringement upon mental property rights has the potential to create what is thought within the authorized world as a “chilling impact,” discouraging folks from partaking in authorized habits for the worry of authorized motion. In fandom, which means stifling fan creativity for worry of reprisals from entities with a lot larger energy. That is very true for marginalized followers, who typically use transformative works to ascertain headcanons associated to their very own identities that weren’t represented within the authentic works.
No matter your positions on the franchise or on J.Okay. Rowling herself, it’s unimaginable to image what the Wizarding World franchise can be with out over 20 years of fan ingenuity. As followers flip to creative outlets amid the coronavirus pandemic or discover their livelihoods affected by financial downturns, many people are merely making an attempt to make ends meet and should not have the cash vital for authorized charges.
What We Don’t Know
Apart from the variations within the legislation from location to location, maybe the most important query we now have proper now’s this: To what extent does Warner Bros. maintain rights over particular imagery? Is a lightning bolt, a potion bottle, or an owl adequate for Warner Bros. to assert {that a} fan-created work has infringed upon its mental property rights? How far do these rights lengthen? For instance, would followers with tattoos that embrace copyrighted imagery face authorized motion? Would tattoo artists? Much more importantly, how do we all know for certain if one thing has crossed a line?
What Can We Do?
At this level, you could be asking your self, “What can we do?” Whether or not you’re a fan artist or a client, there are many questions right here. Whereas we at MuggleNet actually don’t have all of the solutions, we all know that it’s important for members of the fandom to stay knowledgeable. This text is the primary in a collection about this challenge, by which we shall be exploring the authorized facet of fan-created works and what considerations like this may imply for the Wizarding World fandom as an entire.
You probably have been affected by copyright infringement claims associated to the Wizarding World fandom or produce other expertise with them (as a lawyer or authorized scholar, for instance), we might like to hear from you!
