About

FAN encourages members to practice a promotional strategy known as “Free Fandom.” Under this policy, an artist encourages his fans to create and make profit from unofficial swag and media that evoke his works. These freedoms are extended to supporters provided they give proper credit to and direct viewers to the original artist.

While Creative Commons is a fixed policy generally used for “stock art,” a Free Fandom policy is a broad, tailored contract an artist develops for his supporters, and conditions hence vary artist to artist. Free Fandom serves as a calculated marketing campaign that either replaces or supplements a marketing campaign typically conducted by a lone artist or his sponsor.

I. Sales Provisions

An independent fantasy writer supporting a Free Fandom policy would allow her fans to create swag, like key chains, t-shirts, and dolls, depicting her characters and then sell these items at conventions and stores around the world.

The privilege for these supporters to profit from unofficial merchandise is granted on three conditions:

1) The items may not be unaltered duplications or “bootlegs” of the original media or official merchandise.

2) The items must be declared fan-made.

3) The title of the original series/media, the original artist’s name, and/or the URL to the artist’s website – or another location to purchase official merchandise – must be included with the items.

The artist would also encourage fan-created media such as fanart, fanfiction, and music videos that reference her works in accordance with these same provisions.

If an artist adopts a Free Fandom policy and provided that the above conditions are met, fans would not be required to contact her for individual permission to create and profit from unofficial swag and media.

Unless an artist openly declares support for Free Fandom, fans must assume that traditional copyrights apply and must make individual requests to the artist for permission to use her work.

1) Prohibiting Bootlegs of Official Media and Merchandise

In accordance with this provision, fans cannot duplicate official media and products.

a. Media Example

Fans of a photographer who supports Free Fandom may not sell unaltered duplications of his photographs. This would infringe on official merchandise protection. They could, however, freely incorporate his images in original forms of media – like paintings and collages – and sell them, provided they give the original artist open credit for the integrated photographs.

b. Product Example

If a painter supporting Free Fandom sells t-shirts and handbags exhibiting images of her paintings from her website, then others may not sell t-shirts and handbags using these same images. This would infringe on official merchandise protection. They could, however, freely sell her images on original items like key chains and postcards provided that A) the artist does not sell these products, and B) they give her open credit for the integrated images.

These terms of Free Fandom prevent bootlegging and interference with official sales.

2) Declaring Fan-Made Items

In accordance with any Free Fandom policy the privilege to integrate an artist’s work into unique media or unofficial merchandise is conditional to the works being publicly declared “fan-made” when applicable. This dramatically reduces any chance for confusion regarding the origin of the incorporated media on behalf of passing viewers.

3) Crediting the Original Artist

a. Financial and Marketing Benefits

While free fandom permits fans to make some small profit from inspired swag and certain forms of media, it also shifts the burden of financial risks that typically accompany marketing endeavors to these fans. An artist without a sponsor would otherwise foot the bill for producing swag and for the effort in distributing it to the public, accepting all financial losses if the endeavor fails. For instance, the independent fantasy writer in the previous example allows her fans to sell fan-made swag at conventions. In the event these items do not sell and the marketing campaign fails, the fans and not the artist lose the investment in the production of the swag. Alternatively, were the items to sell well and the marketing campaign to thrive, the fans are rewarded for their deeds with some profit, while the artist receives exposure from the successful promotion. This publicity typically results in an increase in sales of the artist’s official merchandise and commissions. Free fandom hence allows artists to market themselves internationally while avoiding common expenses and potential losses.

Outsourcing this type of marketing to fans also allows for a much more far-reaching advertising campaign than an individual artist could conduct alone. Fans commonly introduce new fans to their favorite artists through word-of-mouth. Free fandom amplifies this system by allowing word-of-mouth endorsements to be accompanied by fan-made media and products that, in some instances, profit the fans that are promoting the artists. Consequently, this strategy not only generates word-of-mouth promotions that are more interesting and memorable to new fans, but it also provides monetary incentive for current fans to begin promoting their favorite artists if they have yet to do so. This brings about a supplementary amount of new fans directed to the original artists for official merchandise and commissions than typically results from traditional word-of-mouth marketing. These artists hence obtain additional fans and revenue they would otherwise not have had.

Although certain artists remain skeptical of free fandom, the policy is little different from a traditional marketing system in which a portion of proceeds is given to a sponsor in return for a more expansive and influential advertising campaign than the artist could conduct alone. In the case of free fandom, rather than designating his marketing campaign to a sponsor, the artist simply designates his marketing campaign to his fans.

b. Creative Control Maintained by Artists

Notable differences in the control artists maintain over their work divide fan-based marketing and sponsor-based marketing. Fan-based marketing offers artists greater authority over their artistic visions, their income, and their work schedule. In contrast, some sponsors may withhold a certain level of creative control from their artists in order to produce media that better reflects their company image or that they believe will be better received by the public. In addition, sponsors may govern their artists’ work schedules and percentages of profit.

For example, a gallery that decides to sponsor an artist may censor or refuse to display certain pieces from the artist if they feel the works will be particularly offensive to their patrons. Likewise, if the gallery is sponsoring an artist who is popular for a specific style of art and this artist later decides to entirely reinvent his artistic style into that which may not be as alluring to potential visitors, the gallery may insist he maintain the more admired style or threaten to drop him from sponsorship. In addition, the gallery may devise work deadlines for the artist and will strip a portion of sale profits in return for handling marketing and display efforts.

For these reasons, free fandom is particularly convenient for independent artists and small studios seeking an extensive, effective, and cost efficient method of advertising, yet are not wanting to or are unable to surrender a portion of artistic control to a sponsor.

c. Competition for Sponsorships

Although free fandom provides competitive advantages for independent artists, the policy may also be used to benefit those seeking sponsorships. As a marketing strategy, free fandom can be used to considerably increase an artist’s fanbase. Should the artist choose to apply for a sponsor later in his career, a larger fanbase will not only better his chances for adoption, but will also strengthen his position to bargain for greater creative control and percentage of profit. For instance, if an independent comic artist decides to pitch his story to a publisher, he will offer a more convincing presentation if he can provide evidence of a worthy amount of preexisting public appeal for his ideas. Sponsors tend to give greater consideration to artists who have fanbases already developed. This indicates that works from these artists are more likely to attract sizeable followings, and thereby are more likely to profit their sponsors. Sponsors view unknown artists as carrying greater investment risks. Therefore, the larger an artist’s fanbase, the more alluring he will be for sponsors to back, allowing the artist to be more compelling when negotiating contracts to favor his terms. For example, if the publisher refuses the independent comic artist’s conditions on creative ownership and portion of proceeds, he may suggest he take his series and extensive fanbase to another sponsor.

II. Display Provisions

In addition to sanctioning fan-made media, advocates of free fandom may permit supporters to display their work from any location on condition that the original artists receive proper credit. At the artist’s discretion, such sources can include anywhere from street displays to websites like Wikipedia and DeviantArt.

a. Art Display Functioning as a Promotional Gift

Freely offering the public a product of value is a common marketing strategy employed by both retailers and artists seeking exposure. Not only can this strategy be used to increase pubic awareness for an artist, but it can also be used to increase the monetary value of the artist’s work. For instance, one of illustrator Shepard Fairey’s most recognized pieces is his “Hope” print depicting Senator Barack Obama for the United States 2008 Presidential Campaign. Fairey allowed the public to widely distribute the piece without charge, permitting supporters to print it out for display, create products from it, and sell it. While some believe this was detrimental to Fairey’s self-interest, the strategy ultimately intensified national attention for Fairey and his works. This popularity in turn amplified demand for his artwork and his commissions. Had Fairey jealously guarded his images and prohibited their use on the web, the public would not be as conscious of the piece’s existence. Were Fairey to then sell the original print, the lack of public awareness would likely result in the piece selling for comparatively little profit. In contrast, the image is currently highly recognized by the world in due part to Fairey’s willingness to permit its free use. Were he to then sell the original print, the piece would likely sell for an outstandingly larger profit. This illustrates how the willingness of some artists to excessively control the display and use of their images – particularly on the web – can often times be detrimental rather than beneficial to their public exposure and financial success.

b. Effect on Product Value

Some may be baffled as to why the value of original media may not only maintain, but increase with time despite “knockoffs” being readily available for purchase. When a media franchise develops a significant following, whether due to Free Fandom or courtesy of another promotional campaign, the significance of official merchandise typically multiplies regardless of concurrent fan-made and even bootleg production.

For instance, individuals world over have perpetrated many successful attempts at designing and selling fan-made Star Wars merchandise. Yet despite the easy access to unofficial Star Wars products, the official merchandise – particularly early official merchandise – still sells exceptionally well owing to the franchise’s outstanding reputation. This illustrates a defining characteristic of artwork: Unlike most products, such as food or appliances, the value of a work of art is determined by its social importance and generally not by the practical need the product fulfills. On these grounds, the worth of official media will generally remain elevated over unofficial merchandise, even when these items may serve the same function.

In addition, the significance of artwork often intensifies relative to the extent of public awareness. This justifies the increased value of the original Barack Obama “Hope” print, as mentioned in the earlier example, either despite or due to Shepard Fairey’s willingness to freely permit its duplication and use on the web. The monetary value of artwork is determined by social status, which is driven by the level of widespread recognition. Widespread recognition is in turn driven by promotional efforts. As a promotional campaign used to expand public awareness, Free Fandom can hence be relied on to increase the value of official media.

For certain forms of web-based media, such as web comics and online games, artists frequently receive the majority of their income from the sale of ad space. The value of ad space is proportionate to the regular number of visitors an artist’s webpage receives. For these artists, Free Fandom’s ability to reel in a large viewing crowd may be particularly beneficial.

Lastly, it is worthy to note that the rate at which unofficial merchandise is sold is typically more indicative of the increasing popularity of the official merchandise line and not a hint of its failure. As public approval of a media franchise deepens, the sale of both the official and unofficial products concurrently swell and diversify to meet the public’s progressively extensive variety of desires.

c. Tracking Official Sales Figures

Often times a great concern artists have with allowing others to display their media, both on the web and on location, is that each case may represent a lost sale. However, this perception can be misleading. In this circumstance individuals typically showcase the media solely for the reason that it is freely permitted, and would likely have avoided using the artwork otherwise. In addition, those viewing the media from a source other than the original artist’s website are frequently not yet supporters, and are only then being introduced to the artist. As a result, the use of the artwork would not actually indicate a lost sale, but rather serves as an avenue for acquiring additional publicity for the artist than would otherwise have been obtained.

Naturally, the functionality of this system is reliant on those showcasing the work complying with the guidelines of Free Fandom by crediting the original artist and directing viewers to his website. Given these provisions, allowing others to display the artwork constitutes the difference between no sale combined with no promotion and no sale combined with a promotion that results in redirected sales, much like an advertisement. Therefore, the artist choosing the latter method ultimately receives more sales than the artist that is more restrictive with the terms of use for his works.

Addressing Theft Concerns

Fears that Free Fandom encourages individuals to use an artist’s work without limitations are largely misplaced. In the event someone completely ignores the conditions of an artist’s Free Fandom policy by not crediting her or by not labeling his products as being fan-made, then this person is equally likely to have ignored the conditions of more limiting copyright regulations. Incidentally, an artist may only “shoot himself in the foot” by rejecting Free Fandom out of concern that his supporters might not abide by his provisions. In refusing Free Fandom, an artist only restricts those who loyally obey his instructions and as such are those who would have assisted him in promoting his media. Snubbing Free Fandom results in little to no reduction of those individuals who do not respect an artist’s terms of use in the first place, such as bootleggers and art thieves.

Conclusion

Free fandom is an optional policy and artists may customize its provisions to suite their objectives. It may be rejected entirely in favor of traditional copyright regulations.