[WikiEN-l] Re: A Friendly Challenge to Sheldon Rampton

[Ray Saintonge]

Sheldon Rampton wrote:

> Personally, I think some of these restrictions are ridiculous. In 
> fact, I've been toying with the idea of starting an online open source 
> fiction novel, using the Wiki rules that allow anyone to contribute 
> and edit. It would be a murder mystery, set at Disney World and titled 
> "Steal This Mouse." The plot would revolve around a series of murders 
> that appear to be linked to some coverup within the company. The 
> protagonist would be a Disney PR consultant who is torn by the 
> conflict of having to defend the company's reputation while 
> simultaneously trying to help the cops catch the killer. The novel 
> would use Disney-branded characters and symbols and would also comment 
> on the company's obsession with controlling its brands. In addition to 
> discussing issues of censorship and intellectual property, "Steal This 
> Mouse" would itself constitute an act of civil disobedience, daring 
> the company to crack down in the real world and mocking any attempts 
> to do so.
>
> I haven't done it yet, though...just an idea... ;)

Great idea!  I believe that this is where the "nature of the work" 
factor in determining fair use comes into play.  This has to do with the 
transformational nature of the derivative work, and how much is changed 
from the original.  Satire has certainly been accepted as fair use, and 
people in the public eye (including Mickey) are open to satire far more 
than individuals whose lives are exclusively private.  I do think that 
making it a "murder" mystery may be a little too restrictive on the 
plot.  Something a little more obscure, where the nature of the "crime" 
itself is a mystery, might be more appropriate to circumstances where 
creative activity is restricted in the name of creative activity.  

"Steal this Mouse" is not an act of civil disobedience, and that's 
precisely why it's so subversive -- in the same way as Abbie Hoffman's 
"Steal This Book"  There was also the story of the Dadaist artist in the 
1930s who created a sculpture that included a ceramic figure, a hammer 
and a sign saying "break me".  He sold the sculpture for big bucks to a 
major cultural institution, who then put it on display.  When a visitor 
picked up the hammer and broke the ceramic figure he was criminally 
charged for his act, but defended himself successfully in court because 
he was only following instructions.

"The Mouse's" reputation would more be far more damaged would be more 
readily damaged if its actions were seen as un-American.  Common murder 
does not qualify for this award.

Eclecticology