Very well said. However, I just wanted to clarify this point:
And when some asshat claims that because you're already infringing on copyright, that you have no control and no right to control your output or what happens to it -- be aware that he/she is correct. You have no *legal* right to claim ownership (you know, until some fan actually gets taken to court and *wins*.)
Actually, this isn't correct. When someone creates a new artistic work which is a derivative work then a new copyright in that work automatically subsists and belongs to the creator. This is irrespective of whether this new dreivative work was created in breach of someone else's copyright. If so, then the original copyright holder can sue for breach of copyright certainly, but it does not invalidate the copyright in the derivative work. So, actually, you, the fanwriter, vidder, fan-artist etc does have the legal right to claim ownership in your work, a claim which (in theory) should be upheld against anyone other than the original copyright holder, assuming that you've breached his copyright in the first place.
I should also add that fans who state, 'Oh, but of course we're all stealing from TPTB anyway' as a matter of fact are wrong - there are cogent arguments that fan-produced artistic works do not actually breach copyright in the first place. My understanding is that these arguments are stronger in some jurisdictions than others, for example, I think under UK law I'd have a fair chance at arguing the point successfully, but there are also arguments under US law. Whether fan-produced artistic works actually do breach copyright remains an undecided point. These works may well breach some copyrights (US, for example), but not others (UK). I just thought I'd mention it because I see this argument trotted out all over the place as though it's gospel when it clearly isn't.
Just to clarify
And when some asshat claims that because you're already infringing on copyright, that you have no control and no right to control your output or what happens to it -- be aware that he/she is correct. You have no *legal* right to claim ownership (you know, until some fan actually gets taken to court and *wins*.)
Actually, this isn't correct. When someone creates a new artistic work which is a derivative work then a new copyright in that work automatically subsists and belongs to the creator. This is irrespective of whether this new dreivative work was created in breach of someone else's copyright. If so, then the original copyright holder can sue for breach of copyright certainly, but it does not invalidate the copyright in the derivative work. So, actually, you, the fanwriter, vidder, fan-artist etc does have the legal right to claim ownership in your work, a claim which (in theory) should be upheld against anyone other than the original copyright holder, assuming that you've breached his copyright in the first place.
I should also add that fans who state, 'Oh, but of course we're all stealing from TPTB anyway' as a matter of fact are wrong - there are cogent arguments that fan-produced artistic works do not actually breach copyright in the first place. My understanding is that these arguments are stronger in some jurisdictions than others, for example, I think under UK law I'd have a fair chance at arguing the point successfully, but there are also arguments under US law. Whether fan-produced artistic works actually do breach copyright remains an undecided point. These works may well breach some copyrights (US, for example), but not others (UK). I just thought I'd mention it because I see this argument trotted out all over the place as though it's gospel when it clearly isn't.