perversionsofjustice

perversionsofjustice

Perversions of Justice

Art Whore- Slash Master- Cyberfights Connoisseur- Trash Fire Masquerading as a Human- Hobosexual- Consistently Inconsistent

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perversionsofjustice·5 hours agoPhoto

peashooter85:

Mother of pearl mounted English folding knife, circa 1830′s-1850′s

from Sofe Design Auctions

perversionsofjustice
perversionsofjustice
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perversionsofjustice·12 hours agoText

mememic-bry:

no sideblogs, we chaotically cram our personal posts, aesthetic posts, and 800 hyperfixations into one blog like men

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perversionsofjustice·12 hours agoAnswer

What if Seth really likes domestic life and decides not to come back to wrestling? Instead, just runs his school, coffee shop, and a farm in Iowa.

N’aww, that’d be kinda sweet. What would he farm? Let’s be real, he’d prolly start an Only Fans of his Crossfit workouts too cos he’d miss the attention.

Oh, he’d start a podcast too! N’ Waluigi cackle a LOT. 

What do you think?

S’long as he’s healthy, I don’t think he’ll turn his back on Vince. I think he’s gonna try hard to overtake Romie, that ain’t even a hot take, he sees himself as Top Guy material (which he is) and wants to reclaim his title of Favorite that he had in his 2014/15 run. 

Thanks Anon, this is awesome to talk ‘bout :)

image

^See? Loves attention.

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perversionsofjustice·a day agoText

So I got an email back just now from the legal department at AO3:

Dear Amy:  Our communications team forwarded your message to us.  We can’t give legal advice, but we can give you some information.

Any performance of fanworks—especially involving RPF – involves a few interested parties:  the fan-author, the IP owners of any underlying works, and the individuals the fanworks are about.

As for fan-authors, they own copyright in their original contributions to their works, and have the ability to give people (such as podcasters) the permission to perform their works (as, for example, podfic).  Commenting on or critiquing works using quotations (regardless of whether or not they are fanworks) may qualify as fair use even without permission; but using something with permission doesn’t even require reliance on fair use.

As for the IP owners of underlying works (such as the WWE) there are two legal areas to consider—first, copyright, and second, trademark. In situations where getting permission is difficult or unlikely, fair use often makes copyright permission unnecessary. That is true for, for example, noncommercial transformative works, especially those that comment on or critique the underlying work.  (You’re correct that non-commerciality makes a difference; although commercial uses may qualify as fair use, non-commercial uses are more likely to be fair, and as an organization, the OTW is focused on noncommercial fan activities.)  As for trademark law, it is concerned with brand names and consumer confusion.  Using logos and brand names in a way that implies the trademark owner sponsors or approves an activity can cause problems; on the other hand, trademark law permits people to use logos and brand names for purposes of creative expression, critique, or using a product’s mark simply to refer to that product.  Often, people engaged in fan activities include disclaimers to make clear that there is no sponsorship, approval, or affiliation relationship between themselves and trademark holders.

As for individual characters in RPF, there are two relevant areas of law:  right of publicity and defamation. RPF usually avoids danger from each, because most right-of-publicity laws do not apply to non-commercial transformative works, and claims for defamation require that a reasonable person would take the statement (that is, the work of RPF) as a statement of fact, which protects uses that make clear that they are opinion or fiction. 

I hope this is helpful!  This is, of course, a simplified view of things, and application of law always requires examining specific situations.  Let us know if you have other questions.

Best –

Betsy

OTW Legal

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