Copyright Disclaimers in Fan Media: Cultural Practice and Legal Relevance

Abstract

Disclaimers are used in diverse contexts of popular culture and for a wide range of purposes. With digitisation in general and the rise of participatory fan culture in particular, copyright disclaimers have become a familiar and common means of communication. In this paper, we define them as paratextual media of cooperation. The practice of disclaiming seeks to establish mutually accepted conditions for publishing works that owe their existence to different stakeholders. Embedded in empirical legal studies, our paper is based on our own empirical research and a thorough legal assessment of findings through the lens of German copyright law. Our qualitative study on disclaimers in fan fiction highlights a distinction between “vertical” forms of disclaimer usage addressing the copyright holders and creators of a reference work, and “horizontal” forms directed to either the potential readers or other fan fiction authors. While in general fan-made disclaimers are of no significant relevance from the perspective of German law, a closer look reveals a stronger impact in cases where creators and copyright holders publicly articulate attitudes towards fan production and/or set specific conditions. Beyond the law, as a practice, disclaiming is part of the nexus of informal rules and community ethics which guide users’ actions.