The 4th Wall - Or a Clear Legal Breach
As RAFrenzy opened the discussion again, but closed comments on her post "Speaking of the Fourth Wall", I want to verify, what I see as 'fair use' and what annoyes me so much about the late discussion of using fan-art and fan-fiction and breaking down the wall between actors and viewers (well-wishers or fans or just unbiased observers). May it be slash or whatever...
The private use and sharing and reading and re-reading and enjoying, may be sometimes even hating is all totally o.k. for me.
But what a journalist did by using one slash fiction, for one to humiliate actors and - what is the legally relevant breach in her action - for another to broadcast the creation without the permission of the creator, is absolutely condemmnable for me.
I know, I am a stickler for legal correctness - but beare with me, I make my living by obeying the rules and numerous regulations, not only of one country, but various. So I have to be aware of them, what the interviewer clearly was not.
So the offensive act of the interviewer not only is a breach of moral feelings and sensibilities, but it is a legal breach of the rights of an author.
And that status not only belongs to a conventially published book author, but also to a creator of fan-fiction. May it be as slashy and offensive as it likes. That does not change the fact that the author and the author alone has the right to decide what happens with his/her work. Though in case of fan-fiction and the use of creations of others, it quite automatically involves further rights which need to be obtained before a public broadcasting can be granted!
And publishing it publicly in any other form thant the author him/herself did, like in an interview, needs permission!
That and that alone is the offensive part for me in the whole affair.
I am almost certain actors are already aware that the fantasy of their fans is rather unlimited.
So sometimes they reach out through the so-called 4th wall and try to direct the perception, the interpretation or just make a nice impression on fans (or as we learned by one of those breaches of the 4th wall by Richard Armitage, to call them 'well-wishers').
Now, lets see what the new year 2014 will bring regarding new uproars and upheavals in fandom (well-wisherdom).
Have a happy, healthy and successful new year 2014
and enjoy every minute of it !!!