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In the spotlight: The legal issues of Fanediting

The present situation:
Fanedit.org cannot post links for fanedits, because this would result in being shut down for copyright infringement. This is currently done by simply by sending a DMCA warning email to a webhost.
There is no lawsuit. No one has been ever arrested for creating a fanedit or for having one in his collection. Youtube and Vimeo delete fanedit trailers, whenever there is a complaint.
Currently fanedits have no right to exist and no law to really forbid them. It’s a grey zone of legality / illegality. It is not the same thing as downloading an original movie (which is just stealing). There is the “fair use” that allows to be creative with copyrighted material within limits. And there is “no money involved”, which is the main reason for no criminal offenses. Faneditors do not intend to earn money or to replace the original. They just add on a small scale to fans, who already know the original.

Now what is the percentage of people to watch a movie twice? And from this number, what is the percentage of people who are interested in watching the movie in a take created by an amateur? As you can see, the scales are super small.

But first things first:
fanediting for yourself is not illegal at all. And how can it be? You alter a copy of something that belongs to you to your liking. And because it does not alter the original no one can and will bother. But when it comes to sharing, things get a bit more delicate, because from the very moment of sharing, a business is entered that declares sharing an issue of true ownership.
Simply put: you must not share, what you are not allowed to give away. Even in its altered form, a fanedit is still a copy of an original and the rights of sharing are reserved to the ones who own the sharing rights of the original. And what happens if you do? Currently: nothing. You shouldn’t, but you will not get punished for doing so, unless you want to earn money with it. and that is because it is not your money. You don’t have the right to earn money with such a thing.

On FANEDIT.ORG we put the faneditors and the audience into responsibility.
The faneditors have of course to own the original and they must never sell their fanedits or give it away to have it sold by others.
The audience has to own the original as well to legaly watch a fanedit. This way there is no harm done, in fact studios are selling more copies than they maybe originally would. In a perfect world this would solve all problems (except for the artistic view, because some people truly mind their movies being tempered with). Unfortunately the reality is that too many people do not follow this rule and through this behavior endanger an artform that is as unique as it gets:
artists create art to enjoy for free, just because they love to share it.

The bigger the fanedit communitys gets, the more the sharing of fanedits will become an issue. Currently with a few exceptions, no fanedit can do any harm at all to the success of an original, because hardly anyone cares. Business is about numbers. And fanedit numbers are super small. No one worries about 100 copies of a fanedit, but in the fanedit community 100 downloads is already a success.

But in cases like Adywan’s STAR WARS REVISITED we are not talking about 100 or 1000 copies. We are talking about millions of copies. So what’s the best way for the studios to handle such a situation? Arrest the faneditor? No, because the fanedit is already out there and he did not earn a single dime with this. Arrest the downloaders? Impossible.
But there is one good solution for them: sell the fanedit themselves. Of course it would be nice to name the faneditor, but even if they don’t, it’s the legal way to have a work of art not just forbidden, but in a place that pleases the audience with what they always want: more.

The future:
is unclear. We here at FANEDIT.ORG are hoping for a companionship with the studios, once fanedits get more popular. Our goal remains the same it always was: to show people the incredible efforts that fans were able to do with original movies. How they created worthy works of art out of their great minds. How business policy can ruin entertainment and creativity can revive it.

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Superman Pictures (except for Superman Returns: Copyright CapedWonder.com; Bowers Imagineering; Warner Bros; and DC Comics. All Rights Reserved 2006. Used by permission from Jim Bowers. Visitors to the fanedit.org and faneditforum.com websites are advised that all fanedits contained within the pages of the websites are believed to be fanedits and/or preservation projects of films from personal collections which fall under the Copyright Act of 1976, 17 U.S.C. § 107, which states: Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work. Since fanedits contained here are mainly created out of criticisms, research, and are completely nonprofit, we here at the fanedit.org and faneditforum.com websites believe that they fall under the requirements of the Copyright Act of 1976, 17 U.S.C. § 107. However, no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information are made. Visitors are encouraged to review the official version of all documents upon which they plan to download as well as to make completely sure they own a legitimate, original copy of anything they may wish to download. The safest course is always to get permission from the copyright owner before using copyrighted material. The fanedit.org and faneditforum.com websites cannot give this permission. Legal Disclaimer Regarding Links to Other Sites - Some of the linked sites are not under the control of the fanedit.org and faneditforum.com websites. Therefore, the fanedit.org and faneditforum.com websitesmake no representations concerning their content, and are not responsible for their content. That the fanedit.org and faneditforum.com websites have provided a link to a site is not an endorsement, or an indication of affiliation with the owners or publishers of any fanedits and all related materials. There are risks in using any information, services or fanedits found on the Internet via any outside links; and the fanedit.org and faneditforum.com websites caution you to make sure that you completely understand these risks before retrieving, using, relying upon, or downloading anything via the Internet. Legal Disclaimer Regarding Members, Fanedits and Links The fanedit.org and faneditforum.com websites reserves the right to refuse services at any time. Notification that Information Provided by You is Public Information Any information provided by you to the fanedit.org and faneditforum.com websites, including but not limited to feedback, questions, comments, suggestions, download links, etc., etc., are considered non-confidential since it is a public website; moreover, such information is a public record subject to public inspection pursuant to law. The fanedit.org and faneditforum.com websites has no obligation of any kind with respect to such information and cannot be held responsible for the decisions nor the actions of any individuals of the entire Internet community at large. By downloading any fanedit, the downloader assumes all responsibilities thereof as well as all the consequences that may incur. CONSIDER YOURSELF WARNED!




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