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2012-11-28 06:34 pm (UTC)
What a really neat write up, on top of your thoughts. :)
I am like you torn on the usage of transformative and derivative. they make sense as legal categories, and I totally understand the point OTW makes by using transformative! but then when we start operating by that legal framework inside fandom, podfic then should clearly be described as a derivative work (of a transformative work of fanfic), and since we've actually started to ascribe *value* and not just a legal meaning to the words, everything becomes shitty and complicated. To justify how what podficcers are doing is valuable/creative/work, we've started saying that it is transformative, which I think it is when I take the word for its basic, non-legal meaning, but which I do NOT think it is from a legal standpoint (without ascribing a good or bad value to that fact).
So anyway, I'm very conflicted on the use of these words, the meanings of which have become muddled, are plural and complex and rarely explicit when we use them.
(I also don't think translation is the right analogy, but I know you know there's no perfect analogy - though I think theatre performance and song covers are much better suited - and I also am super biased in my reactions regarding any analogies using translation, so that's perhaps more my translator-lizard brain speaking. It's not that important.)
I've always appreciated you pointing out how important the context and interpretive community is. This is a point I learned from you and never forgot since. (so, um, a belated thank you?) This part here --
I firmly believe that all transformations/adaptations/derivations should be permitted. I firmly believe that especially in a place like fandom, here our pseudonym and reputation are often our only "reward," mutual respect is really important.
-- is true to me too, but it's such a tough balancing act in many of our collective discussions and debates...
Um. I'm sure I have more to say but I'm petering out into unarticulated-ness, so I'll stop here. Thank you for posting. :))
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