Legal Framework

Effective: July 30, 2024

Last Updated: July 30, 2024

Quibble is a nascent project dedicated to creating new opportunities and fostering creativity while protecting the rights of all contributors, including artists, authors, and intellectual property holders. As we continue to refine and develop our platform, it is crucial for all members on Quibble to understand the legal context in which Quibble operates.

This document provides an in-depth exploration of the legal and commercial framework that governs content creation, distribution, and monetization on our platform.

Definition of Fan Art and Legal Considerations

Fan art encompasses creative works derived from existing intellectual property (IP), including but not limited to drawings, paintings, digital art, and multimedia projects that feature characters, scenes, or themes from copyrighted works. This form of artistic expression often builds upon or transforms original works, creating new interpretations or narratives.

The creation and distribution of fan art frequently intersect with intellectual property law, particularly copyright. While fan art is a popular means of creative expression, its legality hinges on several factors, including the nature of the use and the permission of the IP holder. Unauthorized use of copyrighted material for fan art can infringe on the copyright owner's exclusive rights, which include reproduction, distribution, and the creation of derivative works.

Understanding of Fair Use

Fair use is a legal doctrine that allows limited use of copyrighted material without obtaining permission from the copyright owner under specific circumstances. It can be assessed based on several factors:

  1. Purpose and character of use. Non-commercial, transformative uses that add new meaning or message to the original work are more likely to be considered fair use.
  2. Amount and substantiality. The portion of the work used should be limited and not constitute the "heart" of the original work.
  3. Effect on the market. If the use does not negatively impact the market value of the original work or its potential revenue, it is more likely to qualify as fair use.

While transformative fan art may qualify as fair use, this is not guaranteed, particularly if the art is used commercially or affects the market for the original work.

Monetization Restrictions on Quibble

As of the latest update, Quibble does not yet offer monetization features for creator content. The platform is in its early stages, and we are actively exploring how to integrate monetization options that comply with legal and commercial standards. For more information on monetization refer to the Creator Monetization document.

While Quibble already supports the creation of book-related projects, even once monetization features have been developed, Quibble will strictly prohibit the monetization of certain books to ensure that all content distributed on Quibble adheres to intellectual property laws.

Specifically:

  • Books not in the public domain. Monetization will be prohibited for content based on books for which Quibble has not secured explicit licensing agreements. This includes all copyrighted books outside the public domain.
  • Books in the public domain. Books in public domain may be utilized for monetization, provided that their use complies with Quibble's general Creator Guidelines and legal standards.

Licensing Obligations

In accordance with intellectual property laws, Quibble is mandated to secure all necessary licenses from relevant rights holders before permitting the monetization of content derived from specific books. This process is essential to ensure compliance with copyright law and to uphold the legal rights of authors, publishers, and other intellectual property stakeholders.

The term "licenses" refers to the formal, legal permissions obtained from copyright holders that authorize the use of their protected works for specific purposes, including but not limited to reproduction, distribution, and monetization. These licenses delineate the scope of permissible activities, including any conditions or limitations imposed by the rights holders.

Adhering to these requirements safeguards the interests of original authors and other rights holders, while also supporting the integrity and legality of content on our platform.

Types of Rights Holders

  • Authors. The original creators of literary works who hold the exclusive rights to their creations.
  • Publishers. Entities that hold publishing rights and may have sublicensed rights from authors.
  • Other rights holders. Individuals or organizations that may possess derivative rights or other forms of rights associated with a book or its content.

Monetization Protocol

Monetization refers to any activity where content generates revenue, including but not limited to direct sales, advertising revenue, or subscription models. Before such activities are permitted on Quibble, the platform must ensure that all content creators have secured appropriate licenses for the use of the underlying intellectual property. This includes obtaining explicit authorization for the commercial use of any book-based content.

Compliance and Enforcement

Quibble is committed to rigorous enforcement of licensing requirements to prevent unauthorized exploitation of intellectual property. We will actively monitor compliance and will take necessary actions to address any violations, including removal of unlicensed content and potential suspension of accounts involved in unauthorized monetization.

Updates and Notifications

As Quibble continues to develop its monetization features and engage with industry stakeholders, updates to licensing protocols and requirements may occur. We are committed to providing timely and transparent information regarding any changes to our licensing policies.

Creators are encouraged to regularly review the Legal Framework and Creator Monetization documents to stay informed of any updates that may impact their monetization activities.

For any questions or further clarification, please get in touch with us on Discord .