Transformative Works
Transformative works are fan-works that are not just mere copies of original works but stand alone as original works. They can be made by either transforming the form or meaning of a pre-existing work. All transformative works are derivative works, i.e., an umbrella term encompassing all works based on or including elements of the original copyrighted work.
I know the verbosity is probably annoying! Easing it down - quite frankly, for myself too- these works are creative productions of characters or storylines that are far from authentic and based on fans' input instead of the original creators. Are these works biased? Sensationalized? Legal? Adamant on glorifying transformation? Hey! This is a no-judgment zone, so let's dive into some scholarly pieces like Poe Johnson's article on “Transformative Racism”.
Content warning for my folks: conversations on anti-blackness and white supremacy follow.
Long story short, Poe seems angry. Okay, this is an understatement: he's aggravated. But hey, let out a sigh of relief, for his fury hasn't exactly filtered towards us readers. Honestly, it seems entirely focused on the American mass-media, which has done a pretty good job of scapegoating for the depiction of black bodies in fan-works! And here's what I love-there are no twists and turns to what he's implying; it's plain obvious: he says they're "guilty." What if this claim is pure bias without any evidence? Hmm... racist or not, any reasonable fan ought to demand some proof. But it turns out Johnson doesn't really spare us a second to be suspicious. With names ranging from first-hand victims like Dodson to expert scholars like Hartman and Pande, he certainly makes those of us who label him biased think twice!
Believe me, the discussion on transformative work just gets better. I'm not sure if any of you have been following my fan-fiction on the TV-series "YOU"-haha, pun intended. But, suppose by any chance, you have seen the hit TV-series YOU. In that case, it is vividly apparent that the series spotlights a serial stalker, and the show’s wide fan-following fanatically brings the best and worst of transformative works into play. Oh, why are people heroizing a heinous stalker? Goldberg, the protagonist, profits from the dividends of white supremacy to the extent that no police officer even dares question his macabre murder spree. While some fans, like the TV series, glorify him, some, on the contrary, clinging to the true ideas of "Transformative works," hold him accountable for his actions by showing how differently he would have been treated if he was a person of color or queer.
Still sailing through the idea of transformative works, let's explore some other eccentricities and plunge into more transformative pieces other than just fanfic. Options include the Spockanalia Issue 1-the first-star Trek fanzine fearlessly fracturing stereotypes, and fan-art like cosplays providing an outlet for all fan groups to express their love for a show or a character. I hate to stop you here, but for those who still haven't noticed the accompanying image, we can explore transformative works across other distinctive forms of media, such as conventions like Comic-Cons and fan-vids!
Not a fan of the term “Transformative Works” yet? That's quite alright; try looking up The Organization for Transformative Works (OTW). It's a non-profit created solely for fans' benefit. Within the OTW, new and non-mainstream expressions of cultural identity are encouraged. At the same time, fandom records are preserved, so sites like these naturally legitimize fan-work diversity.
However, transformative works spark what I often call a "war of words" about whether certain fan-works violate copyrights. Let me offer my take on this legal dilemma. Just a word of caution: I'm not a lawyer, but I play one on the internet. I believe that transformative works such as fan-fiction and fan-art should be legal as long as they significantly change or add to the original work to not be considered an infringement of copyright. Thus, according to my hindsight, the first Tanya Grotter novel is essentially a Harry Potter rip-off and not a transformative work. Let's for the time-being agree to disagree!
Transformative works are real and, thanks to retrospecting Poe Johnson and "YOU," lead us to some social issues to reflect upon. In a nutshell, the main problem with transformative works is that they are inherently progressive. This assumption is problematic because it excludes the perspectives of black people from the conversation and ignores the fact that black bodies are often targeted in these types of works. To avoid these issues, Legal transformative works that promote much-needed equality and diversity in the media should be encouraged and protected.
