When fandom & IP collide: unraveling the impact of fandom discourse on Intellectual Property ligitation
In the digital age, music fans are not just passive listeners. They have become active participants in shaping the discourse around their favorite artists and songs.
With the rise of online communities and social media, fan theories, debates, and discussions on Intellectual Property (IP) have taken center stage. The heated debates within these online communities can sometimes turn into conflicts between fandoms, resulting in both interesting discussions on the threshold of what originality means in art and a
spotlight on the significance of IP for fans.
But to what extent can mere fan discussions or theories escalate into IP litigation?
Can fandom discourse encourage IP Litigation?
Technology and access to information are empowering fandoms like never before — and that includes knowledge of IP.
But as the fans’ interest in IP grows, their discussions around it can end up shedding light on matters that suggest or encourage IP ligation in ways that are not always needed, fair, or that would not have happened if it wasn’t for the influence (or pressure!) of social media communities.
For example, “centering music debate on similarities and sampling, even if there’s no ill intent behind it, can contribute to a culture where the “original” creators abuse their rights to enforce IP Law”, as I wrote in “Solar Power: random thoughts on music, music criticism, and Intellectual Property”.
On January 30th, 2023, Billboard published an article discussing Miley Cyrus’ song “Flowers” and its reference to Bruno Mars’s “When I Was Your Man.” (check it here: Por qué ‘Flowers’ de Miley Cyrus no necesita dar crédito a Bruno Mars).
The article brings an interesting perspective from Joseph Fishman, a Music Law expert, and professor at Vanderbilt Law School. Fishman says songs like “Flowers” are great to foster fan theories, “but lawyers shouldn’t have anything to do with it.” (freely translated by me from the article published in Spanish).
K-pop fandom culture & Intellectual Property knowledge
K-pop fandoms, in particular, have become hotbeds of discussions on Intellectual Property. As I wrote for KPOP ETF, there are many distinctive traits about K-pop culture that may explain this.
In my research, I found that copyright infringement, plagiarism etc are the subject of many heated debates in K-pop online communities. Many of the fans have an impressive knowledge of Intellectual Property. But also, many are a bit reckless in their eagerness to defend their idols or hate on other artists.
For KPOP ETF, I wrote that these debates “can sometimes be merely speculative or even become a source of conflict between fandoms. Nevertheless, they spark intriguing discussions on the threshold of originality in art and are yet another indication of how IP is at the center of many concerns from K-pop fans.”
It’s worth noting that IP is also the source of healthy and fun practices inside K-pop fan communities, such as celebrating copyright credits milestones achieved by K-pop artists.
But just like in any fan community, speculations and accusations may take place whenever fans take notice of similarities between artistic works or other practices that suggest IP infringement — and that’s bound to happen quite often in an industry as fast-paced and “overcrowded with content” as K-pop.
Can fans influence IP strategies?
K-pop fandoms, in particular, have become hotbeds of discussions on Intellectual Property. As I wrote for KPOP ETF, many distinctive traits of K-pop culture may explain this.
In my research, I found that copyright infringement, plagiarism, etc are the subject of many heated debates in K-pop online communities. Many of the fans have an impressive knowledge of Intellectual Property. But also, many are a bit reckless in their eagerness to defend their idols or spread hate for other artists.
For KPOP ETF, I wrote that these debates “can sometimes be merely speculative or even become a source of conflict between fandoms. Nevertheless, they spark intriguing discussions on the threshold of originality in art and are yet another indication of how IP is at the center of many concerns from K-pop fans.”
It’s worth noting that IP is also the source of healthy and fun practices inside K-pop fan communities, such as celebrating copyright credits milestones achieved by K-pop artists.
But just like in any fan community, speculations and accusations may take place whenever fans take notice of similarities between artistic works or other practices that suggest IP infringement — and that’s bound to happen quite often in an industry as fast-paced and “overcrowded with content” as K-pop.
Fandom will continue to shape IP strategies and discussions
As fans get savvier and more empowered by technology and Internet culture, it’s worth keeping up with how fandom affects music rights & IP laws and practices.
If you’re interested in the intersection of fandom & IP, please consider checking out more of my work! Here are a few recommendations:
- This LinkedIn post about how an artist Korean Music Copyright Association (KOMCA) status member can be a source of celebration for K-pop fans;
- Branding as a Tool for Protection of Intellectual Property Rights: BTS and ARMY as a Case Study, published in Vol. 1 of Rhizomatic Revolution Review | The R³ Journal: https://lnkd.in/dJHJdHy9;
- K-pop fandom & their Intellectual Property expertise, published on KPOP ETF website: https://lnkd.in/dD7BhQYy;
- Did K-pop play a role in the entertainment market’s transition to a fan-centric industry?, self-published here on Medium
This article was based on this LinkedIn post I published in February 2023. It was published merely for informational purposes and to showcase my work, and is not intended to promote any of the artists, brands, or companies here mentioned. This blog is not monetized.
I’m an attorney, writer, researcher, and a coolhunter/consultant working on the intersection of creative, Intellectual Property Law, and communication services.
If you’re interested in my consultancy and writing services, I can be reached through 3Três Consultoria e Criação (Consulting & Creative).
