The BBC is playing “copyright whack-a-mole” with Doctor Who fans and their fan-produced content, according to a recent feature by the Radio Times. The confusion the network leaves in its wake is causing a great deal of consternation among dedicated Whovians who just want to celebrate the show that they love.
Thanks to social media platforms like YouTube and TikTok, fans have been able to grow their own personal spaces to talk about their fandoms. From reaction videos to fanfiction, the online space is perfect for fans to connect with other fans, some of whom gain their own fans because of the content they create.
Recently, the BBC has been clashing with fans over copyright infringement when it comes to Doctor Who, and while fans acknowledge that the BBC is well within its right to enforce copyright protection, it’s the muddied state of the current rules in place that keeps causing frustration.
BBC keeps changing the rules for Doctor Who fan works
While studios have a right to protect their intellectual property, fans have pointed out that it’s their passion that keeps these projects alive in the first place. When it comes to Doctor Who, fans kept the torch lit while the BBC sat on the IP for years until the show’s reboot in 2005. If not for those passionate fans, the show’s reception might not have been nearly as strong.
The case of YouTuber Will Carlisle is particularly interesting. The BBC used his reaction video in a video montage for Doctor Who’s Hall H presentation at SDCC in 2018. Though it seemed like the best thing that could ever happen, Carlisle notes that it turned sour quickly.
“It was a bit disheartening because the very next day, I woke up to several emails saying that the BBC had put manual claims on my channel for BBC reviews of Doctor Who and a show called Single Father. And it was a manual claim. It wasn’t an automated thing. Someone had gone through my library, or gone searching on YouTube that day, and found those videos.”
More often than not, when YouTube investigates these claims they’re found to be appropriate under the doctrine of Fair Use, which protects work that serves as reviews and critiques. The BBC says that they like seeing fans’ passion but they have limits to what they deem acceptable. “We welcome and often encourage fans to use Doctor Who as inspiration for their own creative works. But we don’t allow scripts, artwork, or video to be copied, or this work to be used for creative purposes.”
The trouble is striking a balance between what’s allowed and what’s not. The rules vary between networks, studios and copyright owners, which doesn’t help the situation. It’s also not helpful that the BBC continues to contradict itself on several key points, with many of their rules dating back to 2014. The BBC isn’t on board with fans making money off of their IP, yet platforms like YouTube allows fans to monetize their accounts if they follow the rules.
“I know that my videos do nothing to hurt the Doctor Who brand,” said one anonymous WhoTuber. “I know my videos promote the show, and help keep the community alive. I should be able to monetise my content, because it falls under fair use. YouTube says we’re allowed to monetise under fair use, but the BBC doesn’t. I don’t know why they’re punishing us for promoting their show.”
Between contradictions and outdated information, it’s nearly impossible for fans to keep up with what’s allowed and what’s not, leading some to become frustrated with the franchise as a whole. As one social media commenter notes, “Do want to discourage fans? It’s just making things more hostile within a fandom that does not need any more provocation.”
Unfortunately, there is no clear solution in this situation. As fans continue to use social media to discuss their favorite shows and movies, studios need to figure out what they’re comfortable with so they don’t end up backtracking later on.
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