The relationship between the developer of a show, book, or other story and a fan is usually pretty straightforward. The artist conceives, produces, and distributes a story, the fan consumes the story, and, if the fan really loves the story, consumes all sorts of official merchandise. It’s a win-win situation: the creator collects proceeds from the sales; the fan proclaims her love for the story by proudly displaying merchandise from her favorite creative endeavor.
This relationship has grown increasingly tense, however, as sites like Etsy and deviantART enable individual fans of a series to create and sell their own art and merchandise. Fan art is an external display of love for a creative undertaking, but when fan-developed products are sold, they begin to intrude on the copyright holder’s commercial interests.
Firefly was a short-lived television show (and basis for the movieSerenity) that developed, and continues to maintain, a large cult following of Browncoats (as fans of the show affectionately call themselves). One popular piece of Browncoat flair has been the “Jayne Hat,” a knitted hat based on the one received by tough guy Jayne Cobb from his mother in Firefly episode “The Message.” This past spring, FOX, the owner of the rights to the Firefly series, started sending cease-and-desist letters to fans selling handmade Jayne Hats on Etsy. Not coincidentally, around the same time, FOX sold a license to mass-produce Jayne hats, and large retailers like ThinkGeek started selling the officially licensed version (ThinkGeek, not a business to thoughtlessly infuriate the customer base apparent from its name, quickly released a statement distancing themselves from the letters, and now donates all profits from the product to a Browncoat charity).
FOX unquestionably has the legal right to stop commercial activity that infringes on its copyrighted material, even though enforcing that right gained the ire of the Browncoats with knitting skills (and their customers). The owners of the rights to creative content with large fan bases, however, may want to consider the good-will ramifications of cutting down this kind of grassroots fan activity. Suppressing the genuine love that fans demonstrate for their favorite shows, movies, and books can sour the same consumers that companies rely on to purchase Blu-Rays and licensed swag. Indeed, FOX may have lightened its touch in this case: at the time of this writing, one can easily find relevant Etsy results for “cunning hat” (the generic term for the Jayne hat) and even a few good results for a home-made Jayne hat.
FOX’s actions are also a reminder to fans of all kinds to be aware and careful about the way they display their love for their favorite media. With over 130,000 geeks attending ComicCon, just one of many similar fan conventions held each year, the fanbase for many creative endeavors can be a significant source of business. Fans should be aware that by selling merchandise subject to copyright, they may be later cursing the sudden but inevitable betrayal of their favorite franchises when the copyright holder accuses them of infringement.