I am a member of OTW and support their advocacy unequivocally. But it seems essential to me to recognize that fans' appropriative art is not necessarily complicit with legal and economic structures as they stand. It is worth determining who defines the use as fair, and what it might mean to place a value on unfair uses.

What does appropriative art imply if we don't try to justify it within the terms of existing legal systems, but rather use its potential illegality to imaginatively liberate music and images from structures of corporate ownership?

den of thieves that nurtures "Us" and other artworks that are based on mainstream media properties for which "copyleft" licensing would be unimaginable.

Freedom is a slippery concept, especially when it comes to digital media. When we think about questions of copyright and digital ownership through cultural theft, freedom from domination lines up with freedom from having to pay—at least on the surface. Theft, piracy, and the commons are all concerned with getting things for free, and current configurations of online media and culture are hospitable to their insurrectionary modes of ownership.

In recent years, media producers have explicitly sought to solicit fan participation as labor for their profits in the form of user-generated content that helps build their brand. Many fans perceive these developments as a desirable legitimation of fan work, but they can also be understood as an inversion in the direction of fannish theft. Rather than fans stealing commodified culture to make works for their own purposes, capital steals their labor—as, we might consider, it stole ideas from the cultural commons and fenced them off in the first place—to add to its surplus.

transformation as an undercommons: an unofficial and transient space in which work simultaneously reproduces and undermines the structures that enable it.¹³ Fans mobilize for a purpose that is neither radically disruptive of, nor fully incorporated into, the media industry's systems of ownership, but simultaneously supports and undercuts them while producing a collectivity of its own. And that collectivity, while it holds the media properties up, steals from them: abusing the hospitality of those who own the servers, the ISPs, the copyright, and taking its productions more seriously than they intended.

Some scholars posit that today all viewers are interpellated as fans, that they are invited to engage fannishly by creating content and engaging within an imaginary online community. Does this mean that the old subcultural stance of media fandom has become obsolete in the face of a general shift in media consumption? Moreover, if such convergence can allow fans to become parts of the media industry, should fans embrace these options? And how are these economic issues deeply gendered if predominantly female spaces embrace gift cultures while men are more likely to turn their fannish endeavors into for-profit projects?

Fandom is always more complicated than the stories we tell about it, and scholars need to be careful not to create an imaginary feminist idyll. Simply inverting the gaze may keep subject/object relations unquestioned—a concern that has become especially important as queer and trans studies have complicated any naive feminist binaries that may have held sway during early years of media fandom. Likewise, as [End Page 106] De Kosnik and Russo illustrate, an unequivocal embrace of noncommodified fan work remains problematic within a world that requires paying the bills.

At the heart of this anticommercial requirement of fan works is fans' fear that they will be sued by producers of content for copyright violation. The general understanding is that if no money is exchanged, the copyright owners have no reason to sue because they retain exclusive rights to make money from their property

The notion of the gift is thus central to fan economy as it currently stands, although, as Abigail De Kosnik argues in her essay in this issue, it may be time for the community to consider creating an alternative model that will permit women to profit.

This exchange in the fan community is made up of three elements related to the gift: to give, to receive, and to reciprocate.² The tension and negotiation between the three result in fan creation of social relationships that are constructed voluntarily on the basis of a shared interest—perhaps a media source like a TV show or, perhaps, fandom itself. Fan communities as they are currently comprised, require exchanges of gifts: you do not pay to read fan fiction or watch a fan-made music vid.

Fans insist on a gift economy, not a commercial one, but it goes beyond self-protective attempts to fly under the radar of large corporations, their lawyers, and their cease-and-desist letters. Online media fandom is a gift culture in the symbolic realm in which fan gift exchange is performed in complex, even exclusionary symbolic ways that create a stable nexus of giving, receiving, and reciprocity that results in a community occupied with theorizing its own genderedness.

But the items exchanged have no value outside their fannish context. In fact, it is likely that they do not literally exist; fandom's move to the Internet means that the items exchanged are hyperreal and capable of being endlessly replicated.

Money is presented less as a payment than as a token of enjoyment.

The items offered as gifts are not destroyed but are incorporated into a multivocal dialogue that creates a metatext, the continual composition of which creates a community, and the rhetorical stance of that dialogue is to create a gendered space.

The gifts have value within the fannish economy in that they are designed to create and cement a social structure, but they themselves are not meaningful outside their context.

Each proffered item represents an aspect of the giver: time, talent, love, desire. The result—"personally charged"¹² gifts, responses in kind—generates a female-gendered community, but the role of the individual within that community is equally crucial.

When the rules of exchange are broken, the punishment is swift. One recent incident that exemplifies this was the attempt of (male) venture capitalists to profit financially from (female-generated) fan fiction.

The FanLib debacle illustrates that attempts to encroach on the meaning of the gift and to perform a new kind of (commerce-based) transaction with fan-created items will not be tolerated. Henry Jenkins notes, "They simply hadn't really listened to, talked with, or respected the existing grassroots community which surrounded the production and distribution of fan fiction."¹⁷ The site attempted to bypass the artwork-generating [End Page 117] fan community altogether—a serious misreading of FanLib's audience. FanLib broke the rules of the community's engagement by misreading "community" as "commodity," and the site failed thanks to intense backlash, an expression of fannish defense of their field of value.

In 1975, a woman who had made critical remarks about the Manga Taikai was excluded from that convention, and [End Page 234] subsequently a firestorm of anger among fans produced a movement against the Manga Taikai led by the famous circle Meikyū (Labyrinth), which resulted in the conception of a new alternative convention. On December 21, 1975, the first Comic Market—"a fan event from fans for fans"—was held in Tokyo.⁶

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Comike's underlying vision was of an open and unrestricted dōjinshi fair, offering a marketplace without limitations on content or access.

With the advent of these fan-consumers (as opposed to fan-creators), dōjinshi became demand-driven publications. Greater competition gradually fostered rising standards of quality, which in turn attracted more circles and buyers. Higher sales shrank production costs and boosted profits, which could then be reinvested in the dōjinshi themselves. Small printing companies, many of which had begun in the minikomi (microcommunication) boom of the early 1970s, were able to use the profits derived from greater demand for their services to modernize their equipment, lowering production costs further and enabling them to construct their production schedules around each Comike.⁸ Additionally, lower printing costs freed smaller groups from the dependence on bigger groups, which often had strict rules on content and style to avoid conflict among their many members. Having lost their raison d'être, these big clubs and circles gradually faded away, leaving dōjinshi creators to produce stories they liked, in the manner they liked.⁹

aniparo parodied popular anime series, and in doing so, attracted a new type of fan to Comike, beyond its core group of 2000 or so attendees. These were female fans, mostly middle and high school students strongly influenced by the 1970s florescence of shōjo manga. They began to create and consume dōjinshi in which the (bishōnen or "pretty boy") male protagonists of popular anime and manga were transposed into a very particular sort of erotic story typified by the phrase: "without tension" (yama nashi), "without punchline" (ochi nashi), and "without meaning" (imi nashi)—and hence the contemporary genre title, yaoi.¹⁰

The eleventh Comic Market in spring 1979 saw the popularity of the cute and pure bishōjo or "pretty girl" (strongly influenced by 1970s shōjo manga) skyrocket among men's dōjinshi circles, attracting many new male participants.

The Comic Market was dominated by women from the beginning (90 percent of its first participants were female), but in 1981, thanks to lolicon, male participants numbered the same as female participants for the first time in Comike's history.¹³

Internal conflicts on the Comike planning committee underlay some of these developments: they marked the ascendancy of the faction led by Yonezawa Yoshihiro, who favored Comike's unlimited expansion.¹⁵ Though he was criticized for purportedly selling dōjinshi out to commercialism, Yonezawa couched his plans for Comike in terms of a collective organization of the convention by all participants, including staff, circles, and visitors.¹⁶ Whatever the underlying reality, these public principles remain little changed today.¹⁷

Faced with this loss of identity, talent, and space, every other large fan convention except Comike dissolved.

Yaoi Boom

But in the middle of the decade, one manga and its anime not only saved dōjinshi fandom from near extinction but was responsible for its biggest boom yet. Takahashi Yōichi's Captain Tsubasa (1981–88, Kyaputen tsubasa),

New dōjinshi conventions appeared, and manga shops began selling dōjinshi on commission. Comparatively lush, custom-made, oversized dōjinshi with more than one hundred pages became common, and popular circles could now live on their fanworks' profits

professional creators like Toriyama Akira of Dragonball fame participating,

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Despite the self-censorship brought on by the mass media's criticism, Comike nevertheless continued to thrive. Young men tired of new, tighter restrictions on professional manga turned to Comike, and attendance once again swelled to 230,000 in the summer of 1990.²³

Hardcore lolicon was now passé, and erotic dōjinshi for men had greatly changed. New genres were introduced with such aspects as fetishism and a new style of softcore eroticism enjoyed by men and women alike; in particular, yuri (lily), or lesbian stories, emerged.²⁴Dōjinshi also became smaller and shorter due to professional publishers recruiting talented dōjinshi creators en masse: the bulk of dōjinshi were the works of the less talented creators left behind.²⁵

Other factors contributing to the increased interest in dōjinshi and in fanworks were the development of fixed otaku landmarks and the spread of computers. Almost everyone could now afford to make digital dōjinshi as well as audiovisual or even interactive dōjinshi (i.e. dōjin music and dōjin games).

The personal technology revolution meant [End Page 239] simplification of fanworks' production processes as well as completely new possibilities for communication and new digital genres. With the growth of dōjinshi in other media, the term "dōjin products" (dōjin seihin) has gradually come into use to describe fanworks of all genres.

Further, the conversion of Tokyo's Akihabara "Electric Town" into a district full of shops selling otaku-related goods, as well as the nationwide expansion of otaku-goods retailers and the establishment of Internet communities and message boards in the late 1990s, enabled otaku to live out their interests and to communicate nonstop with like-minded people everywhere. Their interests and culture were easily shared, and consequently information on Comic Market and dōjin culture spread around the world.

The rise of the Internet also meant that Comike lost its monopoly as the center of otaku and dōjinshi culture. Nevertheless, Comike remained the most important event for Japanese fans, especially after companies with otaku-related products started to exploit it.²⁸ Firms had been interested in Comic Market for decades as a never-ending pool of promising new talent and as a place to exploit them commercially, and they were willing to pay much money for direct access to these masses of otaku.²⁹ Starting with NEC in the summer of 1995, companies were granted exhibition space to market or to sell their newest products. This was the birth of the dealer booth at Comike, and, as with dōjinshi circles, the number of applicant companies was much higher than that of available spaces: a self-sustaining event with such high attendance was too important for any related company to ignore.³⁰ Companies accepted the existence of unlicensed parody dōjinshi using copyrighted material (albeit in a transformative and thus arguably fair-use manner) since they could now sell exclusive goods at Comike (Figure 3) or use it as a marketing place, attracting to the convention people who were not interested in dōjinshi.

In the summer of 2004, 5 percent of all circles participating in Comike were headed by a professional mangaka or illustrator, while another 10 percent had some professional experience.

Despite its relative newness, Higurashi became one of Japan's biggest media phenomena, and at the seventy-sixth Comic Market in summer 2009, Tōhō Project became the first dōjin title ever to receive the honor of being considered its own genre.

It seems that dōjinshi circles are not switching entirely to the Internet but rather are using it as an informational and marketing platform for themselves and their creations, spreading the knowledge of and fascination with Comic Market to new spheres.

With high attendance, positive media attention, and industry support, Comike's position seems invulnerable. Even the deaths of important figures such as Iwata Tsuguo in 2004 and Yonezawa Yoshihiro—who was the face of Comike for decades—in 2006 did not harm its position. But unresolved problems, such as the use of copyrighted material in parody dōjinshi and the child pornography questions inherent in lolicon and shotakon, remain.

Comike was neither the first nor the biggest dōjinshi fair when it was established; its main purpose was to provide the freest market possible, and that freedom has come at a price. The dream of a Comic Market open to every one and everything was never realized, as there were too many physical, financial, and legal restrictions. Even today, the Comic Market suffers from a lack of space, a lack of money, and a lack of legal security. Only two-thirds of applicant circles can participate due to constraints, since, as a small independent operator Comike's financial resources are limited and most of the work is done by volunteers.

s the center of attention, with its size and its links to the industry, it is undeniable that Comike possesses the power and the means to influence social, market, and even political developments. In [End Page 244]

recent years it has not been reluctant to use this power. Whether through conferences on copyright issues or on the establishment of a "National dōjinshi fair liaison group" (Zenkoku dōjinshi sokubaikai renrakukai) in 2000, it has taken on the responsibility of representing and of regulating Japanese dōjinshi culture.

Digital appropriation artists have developed a number of monetization models: royalties, distribution agreements, reasonably priced licenses that permit remix practitioners to sell their appropriations legally, and small-scale compensation intended only to reimburse remixers for their outlay. Although fan filmmakers and game modders have experimented with these models, fan fiction writers have not conducted similar experiments in marketing their works.

Fanfic authors who think that selling appropriative art is always and absolutely against the law are mistaken. No such case law exists, and many appropriating artists make money from their work today without constantly encountering legal trouble.

Why, then, do fic writers resist earning income from their output? Many scholars of fan studies claim that fan fiction is, and must remain, free—that is, "free of charge," but also "free of the social controls that monetization would likely impose on it"—because it is inherently a gift culture, as Hellekson describes in this issue. In fact, even the fan organization, the Organization of Transformative Works, one of whose goals is to redefine fan works as transformative and therefore legal, states: "The mission of the OTW is first and foremost to protect the fan creators who work purely for love and share their works for free within the fannish gift economy."

Therefore, writing fan fiction for personal gain—financial, psychological, or emotional—aligns with the fact that self-enrichment is already inherently an important motivation for women to produce and consume fanfic. For some women, belonging to an affinity group or discussing stories with fellow writers and readers is not the primary reason for engaging with this type of fiction.

The rewards of participating in a commercial market for this genre might be just as attractive as the rewards of participating in a community's gift culture; and the existence of commercial markets for goods does not typically eliminate parallel gift economies.

If fans successfully professionalize and monetize fan fiction, the amateur culture of fic writing will not disappear.

Although fans have legitimate anxieties about fan fiction being corrupted or deformed by its entry into the commercial sphere, I argue that there is far greater danger of this happening if fan fiction is not commodified by its own producers, but by parties foreign to fandom who do not understand why or for whom the genre works, and who will promote it for purposes it is unsuited for, ignoring the aspects that make it attractive and dear to its readers.

However, an even greater danger than this is that fan fiction may not be monetized at all, in which case no one, particularly women authors, will earn the financial rewards of fanfic's growing popularity. Only the corporate owners of the media properties that fic authors so creatively elaborate on will see economic gain from these writers' volunteer work.

if women can formulate a model for the monetization of their artworks, the gap will be narrowed.

In the absence of such experimentation, women writing fanfic for free today risk institutionalizing a lack of compensation for all women that practice this art in the future. Woolf asked of her forebears, "What had our mothers been doing then that they had no wealth to leave us?" Will our generation answer that we have been giving our talents away as gifts, rather than insisting on the worth of our work?

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