![]() It’s not uncommon to see copy-pasted diatribes on fan fiction websites in which the author states that they “ do not own” characters like Dean Winchester, but, from a legal standpoint, these disclaimers don’t accomplish much. “Before the internet, why would you have to know anything about copyright law?”īut as fan communities emerged online, even teenage fan fiction writers have had to navigate the tricky territory of sharing derivative art. “Copyright law only used to be relevant to professional artists and lawyers,” said Fiesler. The filmmakers assumed that they were protected by fair use, but when Paramount sued them, the judge sided with the copyright holders. The short film was so successful that its creators decided to make a feature-length film called “Axanar,” which raised over a million dollars from fans. “ Prelude to Axanar,” a short film based on “Star Trek,” premiered at San Diego Comic-Con in 2014 after raising more than $100,000 from fans on Kickstarter. In 2015, a federal judge in New York ruled in favor of “3C,” an off-Broadway play that offered a dark, more adult spin on the ’70s television show “Three’s Company.” The “Three’s Company” copyright holder alleged that the production qualified as infringement, but the judge wrote in a lengthy ruling that the play was a “ highly transformative parody,” so it didn’t pose a market threat to the original show.īut some commercial fan works didn’t fare as well in court. “Whether something is commercial or non-commerical is part of a fair use analysis, but it’s part of only one factor.”įair use analysis looks at the purpose of a work (is it for-profit?), the amount of copyrighted material it uses, the nature of the work (how transformative is it?) and how the work might economically impact the original.įiesler told TechCrunch that there have been many examples of commercial fan works that were determined in court to be fair use, though there isn’t as much case law and precedent, since these disputes are often settled before they reach a #bridgertonmusical Tis the Season – Barlow & Bear & Abigail Barlow & Emily Bear “I’ve seen a lot of people implying that because are commercializing it, that means it’s not fair use,” Fiesler told TechCrunch. Historically, fan works have sometimes been deemed legal under the fair use doctrine, which states that some copyrighted material can be used without explicit permission. “It is blatant infringement of intellectual property rights.”īut the legal reality isn’t as cut-and-dry as Netflix’s complaint makes it out to be. “Barlow & Bear’s conduct began on social media, but stretches ‘fan fiction’ well past its breaking point,” Netflix’s lawsuit reads. Is the ‘Bridgerton Musical’ legal? It’s complicated. With tickets ranging between $29 and $149, plus VIP upgrades, Netflix put its foot down after “ repeated objections,” demanding an end to these for-profit performances. ![]() If this project has been gaining steam for over a year, why would Netflix sue now? On July 26, the duo staged a sold-out performance at the Kennedy Center in New York City, featuring The National Symphony Orchestra and a collection of Broadway guest stars. The moment was a milestone, demonstrating the impact of social media on pop culture. Their videos were so popular that Barlow and Bear released an entire musical soundtrack based on “Bridgerton,” then beat out legends like Andrew Lloyd Webber to win the 2022 Grammy Award for Best Musical Album. Netflix filed a lawsuit this weekend against two TikTok stars in their early twenties, Abigail Barlow and Emily Bear, alleging that their Grammy-winning “Unofficial Bridgerton Musical” project infringed on the copyright of Netflix‘s original series “ Bridgerton.”Įarly last year, the songwriting duo started penning impressive ballads about the popular Netflix show for fun, posting them on TikTok. ![]()
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