I’ve been known to have dreams about fictional characters, but it’s not every day that I find myself viewing the most mainstream social event of the United States calendar and thinking, “Wait, I’ve seen this vid!” I’m talking, of course, about Madonna’s Super Bowl XLVI Halftime Show, in which her opening performance of “Vogue” was a clear take-off on the classic vid of the same title by Luminosity.

You can view a TV rip of Madonna’s entire performance (which also featured LMFAO, Cee Lo Green, Nicki Minaj, and M.I.A.) on YouTube, and Luminosity’s vid on blip.tv, which is a queer feminist critique of the movie 300, which was itself based on the graphic novel by Frank Miller. Honestly, for most of the halftime show I was mostly just staring open-mouthed at the screen; Madonna is nothing else if not a consummate performer, and she hit this one out of the park.

Watching the halftime show and Luminosity’s vid back to back, however, produces some interesting–and uncomfortable–conjunctions. Namely, both fandom and the larger pop culture which it critiques and draws upon have some similar problems.

In her notes to reposting the vid on blip.tv, Francesca Coppa notes that Luminosity “conflates the battlefield and the dance floor, subjecting the men to a female and queer gaze and setting Madonna up as this world’s reigning pagan goddess.” Very true, and at least one blogger, Obsidian Wings, picked up on the camp aspects of Madonna’s reappropriation of the “Vogue” vid’s aesthetic almost immediately: contrary to the lyrics, it does matter whether you’re a boy or a girl, as the vid makes clear. What I’m interested in, however, are the ways in which song, vid, and halftime show all make similar maneuvers, particularly around those issues of gender and of race.

The original “Vogue” song of course refers to a style of dance invented in Harlem and appropriated by Madonna for the song and its music video. The story of most pop music in the 20th century is of course the story of white musicians appropriating black performers’ styles and innovations and repackaging them for a “mainstream” (read: white) audience, and the tried-and-true strategy only continues in the 21st century, from Justin Bieber to–especially in the third song of the Super Bowl set, “Gimme All Your Luvin’”–Madonna herself, whose performance prominently deployed the more au courant star power of performers of color, including Nicki Minaj and M.I.A., in service to the blonde Queen’s latest reinvention. M.I.A. in particular earned censure–not least from Madonna herself–for giving the middle finger to the national television cameras during her verse.

Similarly, as much as it skewers the hypermasculine gender presentation of the movie 300, Luminosity’s vid doesn’t (can’t?) do much to problematize the exceedingly questionable racialization of the Persian Wars that Frank Miller’s graphic novel exults in–the good guys are the manly Spartans, and the bad guys(?) are the effeminate Persians. (To say nothing of Miller’s extraordinarily biased presentation of history, as David Brin notes in this post.) They may all get down on the dance floor, but unlike what the song says, it does make a difference if you’re black or white.

My point here is not so much that all of this is anything new (it’s not), but rather that viewing the vid and the halftime show together provides a textbook example of the ways in which fandom (and any pop culture critique based in pop culture itself), and vidding in particular, is limited by its working, in some senses, with found objects. Fandom is unquestionably a fascinating space of critique, remixing, and reinvention, but ultimately pure remixing, no matter how creative, makes it very difficult to introduce radically new elements, or to go beyond what you’re given to work with.

Of course, introducing radical new elements, as uncomfortable and difficult as it is and has been for fandom, may not be what strikes a pop cultural chord in the larger sphere at all. Madonna has shown herself constantly willing to reinvent herself over the course of her career, and the idea of infinitely revising a concept around a central core is of course intimately familiar to fans in general and to writers of fanfic especially. Furthermore, it’s no coincidence that this performance in particular was Madonna’s latest reintroduction to global pop cultural relevance, after the lackluster performance of her previous album, her divorce from Guy Ritchie, and above all the meteoric rise of Lady Gaga to the pop music firmament had somewhat dented the Queen’s crown. But her new album MDNA hits stores in the States March 26, and concert dates for her upcoming world tour are already selling out. Long live the Queen.

Two weeks ago, in the wake of the hacker collective Anonymous shutting down U.S. government and Big Content websites in avowed revenge for the U.S. Attorney General’s taking down the upload service MegaUpload, I asked my Twitter followers (only half in jest) whether I would one day be writing an article about the Internet War of 2012. The consensus was “Quite possibly!” but even a cursory glance over the last two weeks or so of events around the Internet and the public domain reveal that the conflict between those who are advocating for more open laws and formats around content, and those who want to lock content down and throw away the key on “pirates,” is about more than one upload service, or even more than one frighteningly broad piece of “anti-online piracy” legislation (and no, that link isn’t talking about SOPA/PIPA).

Fandom intersects with all of these events in a number of large and complex ways, and as a global phenomenon, it’s no surprise that fans in different parts of the world have had different reactions to various recent developments. Just among my digital acquaintances, reactions to MegaUpload, for instance, have ranged from the general sentiment that its operators’ alleged violations were so flagrant that they deserved to be indicted, to noting the detrimental effect the demise of file-sharing sites has on emerging economies in particular, since people working in emerging economies literally cannot afford to legitimately buy the media that Big Content sells.

The rise of “intellectual property” rights over the past century or so is part and parcel of the neoliberalization first of so-called advanced industrial societies, and then the rest of the world; the shredding of social safety nets globally; the commercialization of scholarship and the reduction of the value of all knowledge to the price it is projected to fetch in the so-called “free market”; the patent-ization of scientific research part and parcel with increased corporate profiteering therefrom. IPR are used systematically to disenfranchise and disempower vulnerable groups at all levels of societies globally, and then, the disenfranchisement complete, to sell that content back to those groups at immense profit–but only at fair market price, of course.

As a historian, I’m painfully aware that today’s current, very stringent global intellectual property regime is very much a recent and contingent phenomenon, and as a classicist and a fan, I was particularly dismayed to see the U.S. Supreme Court rule in favor of copyright maximalists in Golan v. Holder, finding that works could be legally re-copyrighted and removed from the public domain. It would be foolish, as a historian, to claim that fandom predates the age of mechanical reproduction and the rise of seriality in storytelling, but one doesn’t have to be much of a literature scholar to see that creativity doesn’t exist in a vacuum, and that creative works have always been inspired by one another. If Vergil had had to pay money to Homer’s estate to use characters from The Illiad, there probably would have been no Aeneid, and that loss wouldn’t just have diminished ancient Greek and Latin poetry.

I mentioned my work for the Organization for Transformative Works to a mutual acquaintance (the business manager of a well-known fantasy author) recently, and it was almost comical how my interlocutor’s defenses rose the instant I uttered the words “fair use.” I understand, and absolutely support, the desire and right of creators to make money from their own creative works, but one of the things that I think tends to get lost in these discussions is the fact that overall creators aren’t being very well served by Big Content. In the first place it’s a myth, as someone on my Twitter feed observed, that content is only created by “professionals”; and in the second place, Big Content is not in the business of giving creators money: as an industry, it’s in the business of making money for itself. Advocates for SOPA/PIPA and ACTA like to position themselves as defending the rights of creators, but the current intellectual property regime is set up to favor corporations. Furthermore, the global scope of that regime, and the way in which restrictive additions in one part of the world tend to be taken up by the rest of its participants (Golan v. Holder was held up as an instance of bringing U.S. law into line with global practice, and actions in the MegaUpload case were taken as far away from the States as Hong Kong and New Zealand) only increase the margin of that favorability.

Fandom, to try to knit the two halves of this post into a coherent union, is very much somewhere in the vast creative territory between outright plagiarism–which no one, I think, would support or condone–and the avowed creative debt of explicit borrowing and that position has only become more difficult to maintain in recent years. The OTW’s work to extend the Digital Millennium Copyright Act exemption for vidding that we won in 2010 is an excellent example of how difficult it is to carve out a legal space for fair use fan practices even under current law (I invite you to sign the petition to uphold the right to create remix videos before February 10, 2012, cosponsored by the Electronic Frontier Foundation). I’m proud of the OTW’s past and continuing work in this area, but the events of the past fortnight are more than sufficient proof that the battlefield is anything but stagnant, and vigilance remains the price of the very limited liberties we now possess.

Guest Post by Mark McHarry and Dru Pagliassotti:

Dru Pagliassotti and I have launched a blog, Yaoi Research: http://www.yaoiresearch.com. Formal work about yaoi and boys’ love is finally beginning to appear but we saw a need for a central place to publish more informal content than that in a journal or book.

If you study, create, and/or enjoy yaoi, BL, and/or male/male romance and would like to contribute well-informed descriptive or analytical writing to our blog, please contact us: admin@yaoiresearch.com.

We’re hoping for posts about ongoing work, observations and opinions, reviews, commentary, analyses, and research notes and queries. Discussions of fanfic, artwork, original stories and novels, including slash and gay comics and fiction, are welcome, as are posts about context, creation, or consumption across historical periods, regions, and cultures.

Graduate students, professors, independent scholars, publishers, and published mangaka, dōjinshika, and novelists are especially encouraged to contribute. If you do, please take a look at our submission guidelines.

You don’t need to present original research or in-depth analysis, just interesting ideas that may stimulate thought. Although we request that posts be in English, if it is not your first language we will help you copyedit your contribution should you wish.

Best Wishes for the New Year / あけましておめでとう.

Time to post! But I’m afraid that my brain is full of nothing but teacherly thoughts and I apologize for this. Once again, I am dwelling upon the challenge of bringing folks to acceptance of the fact that we are all fans. As some readers of this blog may remember, I set myself the task of teaching about fandom for the first time last semester. An entire course…but not a graduate or even upper level course. So there were limits to the depth of theorizing that could be accomplished.

Briefly put, there were times when I felt quite certain that I had made a mistake. I had endeavoured to get students to reason through things, to see what they have in common with those “other” people, the fans, the weird ones. I’m still not confident that I pulled it off. Some came in as fans and left as fans. Others…not so much.

But some amazing things happened towards the end of last semester. When I asked them to create a fanwork for their final project, there was love suddenly pouring out of them. Not all, of course. There were still a few resistant ones, but most of them astonished me. One girl painted a large, elaborate image based on the television show V. If I ever needed proof that every text has a fan community around it…!   Some kids made their first fanvids. Others did animations. One kid brought me a painted skateboard covered in images from his favourite bands.

In short, I was amazed by the degree of creativity and passion these kids could bring to a project. And it seemed to confirm what people like Henry Jenkins have been writing about participatory culture. He/they have been arguing that people, particularly youth, are increasingly accustomed to living their creative lives through media. Media are the matter and the tools that surround us, and we use them in the same way that someone generations ago would pick up a stick and whittle something out of it.

On the whole, I must say it was a rewarding experience. Well, it had better be, because tomorrow I begin teaching the same course again…to three more sections of 40 students each. I know one thing I have learned: keep the fanwork assignment, and make it earlier in the semester so these young fanlings can share and enjoy each other’s works!

In the current issue of Transformative Works and Cultures, my friend Nele Noppe has a piece on Why we should talk about commodifying fan work. In her article, Noppe reviews much current English-language scholarship that considers the possibility of some kind of legal and legitimate “hybrid” fannish economy emerging, and concludes that, while such an economy may very well emerge at some point, for a variety of reasons, it’s not here yet. In particular, Noppe notes that

A final reason why a viable hybrid economy for fan work is unlikely to emerge soon is that many of the fans who would power it may not be prepared to imagine the possibilities, advantages, and disadvantages of such a system. Up to now, fans and fan scholars have rarely even speculated about the potential inherent in linking fan work to commodity culture. … The most important question here is not whether fans will at some point be given the option to commodify and monetize their works, but how the fan community in general will deal with new modes of fannish production emerging alongside the traditional gift economy.

It strikes me, however, that the issue here may not be a question of waiting for new modes of fannish production to emerge, but of recognizing the fact that, in many cases, they already have emerged.

Noppe mentions the example of the Japanese dôjinshi market several times in her piece, quite sensibly in light of the fact that the fannish/”amateur” dôjin production sphere is perhaps the pre-eminent example of a hybrid economy. In Japan, fan-created comic books and, in recent years, animation, video games, and other forms of media have not only been wildly successful in the semi-sequestered fannish economy, but have been picked up by professional companies for further production and wider distribution, going on to launch their creators into fully professional careers and spawning mega-hit transmedia franchises that have defined whole eras in the Japanese contents industry. Moreover, despite a lack of explicitly permissive laws, the line between professional and “amateur” or fannish production in Japanese media is often quite fuzzy: professional creators routinely sell fan works of their own professional media creations, or even actual professionally produced elements of their creation such as production stills, at dôjin (“like-minded”) markets, the largest of which is Comiket in Tokyo.

Although the Japanese contents industry undoubtedly possesses the most highly developed “hybrid” economy in the Laurence Lessig-derived sense that Noppe discusses, there are ample signs that the English-language contents industry is already starting to develop in a similar direction, particularly in the world of book publishing. Multiple professional authors working today in YA and SFF avowedly came out of fandom, whether putting their fan fiction-honed writing skills to work on wholly original works or “filing off the serial numbers” and selling works that were originally fannish as entirely “original” novels and stories. Moreover, while it seems that formerly professional authors were reluctant to discuss their roots in fan fiction, more and more authors (not coincidentally, overwhelmingly female) are not only willing to own their fannish roots, but to “cross streams” and jump back into fandom for exchanges such as Yuletide, among other forms of fannish activity.

At the same time, the rise of ebooks and of high-quality self-publishing operations such as Lulu have made it easier than ever for fans to make their content, whether original or fannish or a hybrid of the two (never, as the above discussion should make clear, very clearly separated in the first place), available to others for free, at cost, or for profit with very little extra effort. These developments are transforming not only fandom, but also the contents industry, leading not only to reactionary legislative efforts such as the Stop Online Piracy Act (SOPA) in the U.S. Congress but also to true innovation in both the fannish and professional contents spheres, some of which Henry Jenkins has discussed in his continuing investigations of professional transmedia storytelling.

So, where is all this going? As a historian, I am professionally allergic to predicting the future, but inasmuch as these developments are happening right now, it seems clear that some kind of rapprochement is in order, not only between fannish and professional content creators, but also between fans and themselves. English-language fandom has historically been highly leery of anything that seems to violate the spirit of the “fannish gift economy,” and with good reason; the non-commercial principles by which fandom has operated are one of the things that set it apart from the mainstream of global cultural economies. But the twenty-first century, for good and for ill, is not the twentieth, and it seems clear that fandom is already in the process of evolving into a different configuration vis-a-vis professionalization and the contents industry. The sooner we recognize that it’s happening, the sooner we can begin to think about and consciously decide how we want to do fandom, and be fans, in light of that fact.