On Crowdsourcing and Alternative Forms of Participatory Culture

 

The internet has expanded the way businesses interact with their consumer base. For example, before the Internet, crowdsourcing, the practice of asking people online to offer solutions to a problem would have been unthinkable. Most literature I have read about crowdsourcing, however, tends to focus on engineering or marketing, and does not acknowledge how fields such as music, entertainment, and media could benefit from this mind set. This is a real shame, as these fields already experience a similar phenomenon called fandom they could tap into.

Modern fandom can be defined as a group of people uniting into a strongly defined community over their shared love for a piece of media. This appreciation manifests in the form of written work (fanfiction) art (fanart) or video/audio pieces that tie into or contribute to the relevant property. Fandom has its roots in the 1960s, when fans of sci-fi stories such as Star Trek would hold convention or create fanzines. What allowed this type of culture to break into the mainstream was the advent of the Internet (Subculutres). Before then, fandoms needed a physical space for members to interact in and gather around so that the community could thrive. The Internet overcame this problem by offering an easily accessible space that bypassed geographical restrictions.

Sociologists classify fandom as a type of participatory culture. This is when consumers also act as producers and creators in relation to the product they are consuming. Participatory culture has a few qualifying conditions, including:

Low barrier to engagement

Support for creation and sharing

Members see value in their interactions

Members feel strong connections with one another (Subculutres)

Despite its ubiquity, fan-created works come with a pertinent question of its own legal status. For a long time, there has been an ongoing debate of whether fan works qualify as copyright infringement or are immune to such accusations. Fanfiction often gets classified as derivative works, since they are pieces of art that borrow copyrighted characters, elements, or settings without the permission of the original creator or copyright holder (Kopp). Specifically, it comes from 17 U.S. Code § 106, which states, “the owner of copyright under this title has the exclusive rights to do and to authorize (…) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly.” (17 U.S.)

On the other side of the argument, advocates such as the Organization for Transformative Works (OTW) claim fanfiction to be protected under the doctrine of fair use. In this scenario, if the work is deemed as “transformative” -meaning it adds to the original work- then that means it does not count as copyright infringement. This position relies on two major conditions: that the author of the fan work does not benefit commercially, and that that the existence of the fan-made works does not depreciate the value of the original work (Kopp). “As a matter of copyright and trademark law, the sort of noncommercial, transformative works that fans make tend to fit quite well into the definitions of non-infringing fair use,” says Dr. Betsy Rosenblatt, legal chair of the OTW (Manente).

Fandom’s enthusiasm and energy can be channeled in a positive manner, especially when it comes to crowdsourcing projects in the realm of liberal arts. For example, in 2017, the showrunners of FOX’s animated sitcom Bob’s Burgers decided to do something interesting for their season eight premiere. To celebrate their fans, the creators gave fans the chance to submit samples of their animation and picked a handful of them to animate the final episode in their own unique style. The result is a surreal episode with 60 distinct art styles that change from scene to scene. The episode overall received positive critical reception. “Bob’s Burgers has always been about misfits coming together, flaws and all, to navigate the seemingly insurmountable challenges (…) it’s fitting that the season-eight premiere, “Brunchsquatch,” was animated with the help of more than 60 creative fans.” (Wellen)

Furthermore, tapping into the fan community is a good way to recruit new talent onto official projects. Research on crowdsourcing proves that people who have intrinsic or extrinsic motivations for participating tend to produce better results (Rigby). The more serious of these fans who interact with the community tend to be motivated by two things; an intrinsic appreciation for the property they are playing with, or extrinsic desire to interact with others in the community. In addition, the people who have the dedication and skill to regularly work on fan projects either demonstrate a reliable work ethic, are already someone trained in this skillset, or some combination of the two. For example, Lauren Bouchard, creator of the afore mentioned program Bob’s Burgers, who was already encouraging of fan works, once hired a new writer based on a sample of their fanfiction (Wellen).

Cultivating a large online fan community also has positive attributes beyond scouting for new talent or ideas. For many people, fandoms become an integral part of their identity. Fandom also encourages in people to reinforce their sense of identity through collection and consumption of their interest (Subcultures). In theory this would mean increase consumption of the original product and a deeply ingrained sense of brand loyalty. Furthermore, fandom can be seen as an opportunity to freely advertise the original IP. Creating fan works online tends to draw attention to the property and introduce outsiders to it if it becomes viral enough.

As the Internet continues to be the dominant mode of communication in society, organizations need to continue to adapt to it if they want their messages to remain relevant with users. The Internet encourages two-way communication which has led to the rise of participatory cultures. This phenomenon might manifest in seemingly different ways, whether it be crowdsourcing or, in the case of the entertainment fields, the rise of fan culture and works. Regardless all these instances follow principles, and their existence has the same effect on participants, greater sense of connection and investment in the original product, idea, or message.

References

“17 U.S. Code § 106 - Exclusive Rights in Copyrighted Works.” Legal Information Institute, Legal Information Institute, www.law.cornell.edu/uscode/text/17/106.

Hatch, Rachel. “Fans of Fandom: Psychology Faculty Break down the Passion and Persecution of Fans.” News, Illinois State University, 12 Sept. 2019, news.illinoisstate.edu/2019/08/fans-of-fandom-psychology-faculty-break-down-the-passion-and-persecution-of-fans/.

Kopp, Jennifer. “Is Fanfiction Legal?” Is Fanfiction Legal?, 24 Oct. 2016, blog.jipel.law.nyu.edu/2021/04/is-fanfiction-legal/.

Manente, Kristina. “How to Keep Fanfiction Legal and Avoid Trouble with Lawyers.” SYFY WIRE, SYFY WIRE, 13 Nov. 2019, www.syfy.com/syfywire/how-to-keep-fanfiction-legal-and-avoid-trouble-with-lawyers.

Rigby, Mark. “New Research Finds That When It Comes to Crowdsourcing, Less Is More.” Phys.org, 18 Jan. 2019, phys.org/news/2019-01-crowdsourcing.html.

“Subcultures and Sociology.” Grinnell College, haenfler.sites.grinnell.edu/subcultural-theory-and-theorists/fandom-and-participatory-culture/.

Wellen, Brianna. “Bob's Burgers Returns with a Little Help from Its Fans.” The A.V. Club, The A.V. Club, 20 July 2018, www.avclub.com/bobs-burgers-returns-with-a-little-help-from-its-fans-1819045168.