The Instigator
RichWolf
Pro (for)
The Contender
Wep
Con (against)

Copyright Derivative Works (AKA Fanfiction) Should Be Allowed To Be Sold Commercially

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Debate Round Forfeited
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Voting Style: Open Point System: 7 Point
Started: 4/7/2017 Category: Entertainment
Updated: 9 months ago Status: Debating Period
Viewed: 243 times Debate No: 101789
Debate Rounds (3)
Comments (1)
Votes (0)

 

RichWolf

Pro

This debate is about creating derivative works off of other people's IP(for simplicity sake, fan fiction), and how the creators of these works should be allowed to be compensated for their works. Currently the law is that a creator of IP can hold onto the rights of derivative works for the length of their natural life, all the way up to an extra 120 years on top of that.

This is grossly unfair and limits greater works from being created, in the same way a monopoly would limit business growth and development. There is no more prime example of this, and a fair deal of irony, than when it comes to a company like Disney. Disney would not exist if not for fan fiction, the entire company was built on an adaptation of Snow White, that if it had not been produced would have caused bankruptcy. However now that they are the ones with desirable characters, they push hard to keep hold of characters like Mickey Mouse from ever being used by anyone not "approved" by Disney. And the approval process is both strict and expensive, making all but the most income rich business able to even have a shot.

Meanwhile, there are plenty of amazing stories, artwork, fan games etc. That if they had a monetary incentive to polish them further or be able to do more works, it would make for some of the best entertainment we have seen. Instead we have a entertainment market that is very much like Intel right now, stale remakes and sneaky step arounds, like you cannot make your own version of Smash Brothers with the characters you want to see in it, but you can make Rivals of Aether with many of the same mechanics and even an anthro bird character(much like Falco in Smash) and that's perfectly ok?

In conclusion, I am NOT saying that you should be able to remake a movie down to the last frame, or copy-paste someone else's game and sell it as your own, like many Chinese knock offs and the mobile game market has been plagued with. A copyright holder should be entitled to their own works, they should NOT however be entitled to others works with their characters. A release of derivative works of all IP to the public domain would ensure that not only are the best stories are told, but no one can hold onto IP like gold in Fort Knox and keep talented people from enjoying the wealth. Thank you.
Wep

Con

Hello, and thank you for an opportunity to debate with you. For this first round, I am only going to be presenting my introduction and initial arguments, and I won't be refuting any of yours until the second and third rounds, for the sake of fairness. I will also refrain from using any ad hominems or not safe for work statements. I am taking the side that derivative works off of other people's creations should not be commercially sold.

Right off the bat, I'm going to clarify my stance is not that derivative works should not be made, it is that they should not be sold. I actually highly encourage the creation of such works, as they serve as great practice material, or just as fun projects that you make in your free time, but creating profits off of other people's creations is not something you realistically should be able to do. The reason for this is because you are essentially taking the potential months of someone else's creative thinking process and hard work, and making cash out of their idea. They deserve the right to be able to make the profits out of things they created. And I get that a huge amount of work can go into some of these fan creations, but if you would like to make a profit from being a creator, you need to expend the energy to make your own IP, instead of leeching the idea from someone else.

Fanworks should just be labors of love, and nothing more. It's almost like creating a craft from Pinterest or Instructables. You work hard at it because it's something you want to make and accomplish, but you never expect to make money off of it, because it's someone else original idea. On the other hand, if this is an original craft, you can fully expect to sell it because it's an original work. Same goes for fanfiction; if you create something off of someone else's idea, you should never expect to sell it without their consent, but if you create or adapt an original story, you rightfully should expect to sell it.

The final thing I want to mention in this round is the non-profit fanworks that currently exist. Since, at this point in time, it is unlawful to create profits off someone else's IP, none of the creators of large fanworks went in expecting to make money. If they did, why would any of these fanworks be created in the first place? Take a look at the opening screens to Super Smash Flash 2 or Mega Man Unlimited, or the headers to almost any fanfiction ever written. They all specifically state that they own nothing being created, and this is completely non-profit. Heck, they all probably don't even WANT to make any money off the works, out of respect for the original creators.

There are many other points I am going to cover as I refute some of your points later on in the debate, but for the sake of time, I am going to cut off here. I look forward to a great debate with you.
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Debate Round No. 3
1 comment has been posted on this debate.
Posted by Zoecri 9 months ago
Zoecri
Can't it already be sold? Some people publish books that they wrote, about a game/movie/book.
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