Spilling the IP Tea
About the Blog
After spending a lot of time in fandom spaces, I noticed that there are a lot of misconceptions, flawed assumptions, and confusion about intellectual property law out there. The thing is, intellectual property is a very real issue in fandom spaces, and lack of knowledge or intent doesn’t really protect you from liability for infringement. Things like fan art, cosplay, streaming, and fan fiction often walk a fine line between safety and a lawsuit. I want to provide a resource to folks in fandom so they are more informed about where that line might be, how to protect themselves, and when to talk to a lawyer. For now, this blog has two goals: first, it aims to explain the current law in terms that make sense to people who aren’t lawyers, and second, it aims to provide a better vocabulary in case you DO need to talk to a lawyer about specific issues. Nothing in this blog is legal advice, instead, I’m trying to help build a toolbox for people to assess risks and determine when it’s probably best to seek expert help. At least to start, my focus will be on US law, since that’s the body of law I know the best, but maybe I’ll branch out a bit in the future!
If you’ve ever felt confused about the difference between copyright and trademark, wondered exactly what “fair use” means and how courts typically determine whether it applies, or want to know what a DMCA takedown request actually is, this blog is for you. I’m planning to delve into these issues and many others so that artists, writers, streamers, cosplayers, and more have easier access to information that directly impacts them.