French
transformative fandom and its perilous legal status: Emmanuelle Debats
talks about her documentaries about French fandom. Excerpts:
My first reaction to fanfiction was
surprise and shock. I mean I had the basic French reaction: “How can someone
write from a work belonging to someone else?” Then, I discovered fansites,
generosity, enthusiasm. I made my own interpretation of fanworks as an
instinctive resistance to some kind of starvation. Fanworks appeared to me as a
victory, a very smart tactic. Taking stuff from the canon and changing them is
very wise: it means accepting being a fan, instead of fighting against it….
Due to our “droit d’auteur” (rights
of the creator), fanfiction’s status in France remains fragile. Although it is
a very popular hobby among young people, it remains totally illegal. In my
opinion, that means people writing fanfiction are pretending they live in
another country or simply ignore the law, and the European members of the
Parliament pretend this popular culture (along with all the people involved in
it) does not exist….
Fair Use makes a huge difference. …
In France, we are living in the most hypocritical time…. The fact that European
Members of the Parliament get in contact only with rightholders is very
alarming. The law should provide shelter to the weakest, the amateur, or the
young, the not self-confident ones, and it does not. I hope some day
transformative works are protected by our law.
French law is protecting transformative work but not any transformative use of a previous work is legal. Some (many) are under legal exceptions (parody, quotation...), or jurisprudence (Freedom of creation principle may prevail).
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