Introduction (01)
The Xenaverse Authorized and Unauthorized (02-04)
The Law (05-06)
The Xenaverse and the Law (07-09)
Unauthorized Star Trek on the Net (10-13)
MCA/Universal and Unauthorized Xena sites (14-15)
Benefits of Unauthorized Websites for Xena (16-18)
Benefits for Fans (19-20)
Potential Problems of Unauthorized Websites (21-22)
The Road Less Traveled... (23-24)
Notes
Biography

The logo at the top of the MCA Xena page (below the advertisements).

Introduction

^[1] Xena: Warrior Princess is an hour long syndicated action show that takes place in Ancient Greece during the classical Greek era. The show chronicles the travels and adventures of two women: Xena, played by Lucy Lawless, and Gabrielle, played by Renee O'Connor. Unlike other shows in its genre, Xena is popular with women and teenagers as well as men ^{[Note 01]}. The show has made its presence known in many areas of the media. Lawless has appeared as herself on a television sitcom, Something So Right, in response to a Xena spoof on that show. Both Lawless and O'Connor make semi-regular appearances on talk shows. Articles about the show appear regularly in newspapers and magazines. Most importantly, the show has an extremely strong presence on the Internet.

Universal's top page logo shows what it has to offer.

The Xenaverse: Authorized and Unauthorized

^[2] The coinage, "Xenaverse", is a general term that encompasses everything that relates to Xena, particularly things that are on the Internet. The Xenaverse can be thought of as having an authorized portion and an unauthorized portion. The authorized portion, those parts of the Xenaverse that are directly affiliated with or approved by MCA/Universal and Renaissance Pictures, is relatively small. It includes MCA's official Xena website, Universal's Xena NetForum, the official fan clubs for the show's actors, and various articles that are posted on the websites of newspapers or magazines.

^[3] The unauthorized portion of the Xenaverse is much more diverse, as it includes the vast majority of Xena websites. While most of these websites are relatively small in scope, some of them can be quite large. Websites created by fans often contain screen captures from the show, video clips, sound clips, episode guides, transcriptions of newspaper and magazine articles, and fan fiction.

^[4] Fan fiction is fiction that is written by the fans of the show about Xena and Gabrielle. These stories can take on many forms, including parodies, vignettes, serious drama, and epic adventures. A significant portion of Xena fan fiction is classified as alternative. These alternative stories span the genres, but they all have a romantic and sometimes sexual relationship between Xena and Gabrielle as a common theme ^{[Note 02]}.

The Law

^[5] Because the Internet and electronic media are so new, it is often unclear how copyright laws should be applied. According to Patterson and Lindberg, federal copyright law states that individuals may reproduce copyrighted materials if they comply with one of two sets of conditions, the personal use condition, and/or the fair use condition. Under the personal use condition, individuals are allowed to make copies of copyrighted material for their own use, provided that they do not make a profit from the copied materials, and they do not distribute them publicly ^{[Note 03]}.

^[6] The fair use condition is somewhat more complex, since it encompasses several ideas. An individual may make copies of copyrighted material if this use does not harm the copyright owner ^{[Note 04]}. The copies must be used for a purpose approved of by the law, such as for education, creative use, or social commentary ^{[Note 05]}, and must use only a reasonable amount of the copyrighted work ^{[Note 06]}. What a "reasonable" amount is can be difficult to determine, because this is a qualitative measurement. Finally, the individual's use of the copyrighted material must not affect the value of or the market for the material ^{[Note 07]}.

The Xenaverse and the Law

^[7] The vast majority of unauthorized Xena websites are in violation of copyright law. Since the Internet is, by definition, a public forum, websites do not qualify under the personal use portion of the law. Most unauthorized Xena websites that contain material taken directly from the show, such as screen captures or video clips, do nothing but post the material. Since the material is not educational, and it is not being used creatively or as a form of social commentary, the websites do not have an approved use for the material. In addition, these websites often contain a great deal of unauthorized material, which makes the reasonable amount rule easy to challenge.

^[8] Surprisingly, alternative fan fiction, the element of the Xenaverse that is often the most controversial, is also the best protected from potential censorship. According to lawyer Judith Gran, fan fiction in general, and especially lesbian fan fiction, are "transformative" works that have been excluded from copyright laws through several Supreme Court decisions ^{[Note 08]}.

^[9] Fans of the show who contribute to the Xenaverse are very aware that they may be infringing on copyright laws. Nearly all fan fiction carries a legal disclaimer at the beginning of the story stating that while the actual story belongs to the author, the characters, and their back stories belong to MCA/Universal and Renaissance Pictures. Fan fiction authors are also careful to say that the story cannot be sold or used for profit. Tom's Xena Page, one of the largest and most comprehensive Xena sites on the Internet, has gone so far as to require these disclaimers at the beginning of every story ^{[Note 09]}. In addition, the administrators of all the major Xena websites include a disclaimer stating that MCA/Universal and Renaissance Pictures copyright most material on the page.

Unauthorized Star Trek on the Net

A Viacom logo that has become a symbol of loathing for some STAR TREK fans.

^[10] Copyright law can be somewhat ambiguous and open to interpretation. Many parts of the law are not clearly defined, such as exactly what a reasonable amount of material to use is, or whether posting material on the Internet is a creative act in and of itself. Despite this fact, copyright law is not a serious deterrent to the production companies choosing to eliminate websites based on their television shows. Viacom Television is well known for shutting down unauthorized websites based on Star Trek ^{[Note 10]}. Recently, Viacom shut down many unauthorized Star Trek websites in conjunction with the opening of a new official Star Trek website, "Star Trek: Continuum", on the Microsoft Network ^{[Note 11]}.

^[11] It has been suggested that the main reason behind the closings was to eliminate competition for the new site, which can only be accessed by people who pay for an account with the Microsoft Network. According to a spokesperson for Star Trek, the goal is not to discourage people from creating Star Trek oriented websites. Instead, the goal is to reinforce the fact that "there is no compromising of the value of Star Trek property" ^{[Note 12]}.

^[12] The company targeted websites that contained copyrighted material such as full scripts or excerpts, detailed plot summaries, photos, sound files, video clips, and artistic renderings of Star Trek characters. In actuality, it is questionable as to whether the plot summaries and artistic renderings of characters actually violate copyright law ^{[Note 13]}.

^[13] Even when an unauthorized website is not in violation of copyright law, it can be difficult for the administrator of the site to challenge a production company that insists the site be shut down. The administrators of many of the large unauthorized websites do not have the financial resources to afford a court case. For example, Tom Simpson, the creator and administrator of Tom's Xena Page, is a 24-year-old intern with MTV who never finished college ^{[Note 14]}. It is unlikely that he would be able to afford a prolonged court battle if his website were to be shut down. In contrast, successful production companies such as Viacom or MCA/Universal and Renaissance Pictures have multi-million dollar budgets. They can afford to pay for long court battles and good lawyers.

MCA/Universal and Unauthorized Xena sites

A Universal logo.

^[14] In contrast to Viacom's actions, MCA/Universal and Renaissance Pictures have chosen not to attempt to eliminate the many unauthorized websites that make up the Internet portion of the Xenaverse. Tom Simpson points out that MCA/Universal's policy on unauthorized websites seems to be "don't ask, don't tell". He said that, "[O]bviously people haven't been asking permission to create the websites, but MCA/Universal hasn't asked anyone to shut down their site. If they did, I would be one of the first asked" ^{[Note 15]}.

^[15] According to a spokesperson for Universal, the company's official policy on unauthorized websites is as follows:

"We do monitor Internet sites for many of our characters and properties and sometimes certain websites are called to our attention, and in such cases we will analyze on a case-to-case basis when it might be appropriate to take action. But we recognize that most of these unauthorized sites are created by fans, and we find that flattering and supportive of our shows and properties". ^{[Note 16]}

Benefits of Unauthorized Web Sites for Xena

^[16] MCA/Universal and Renaissance Pictures are correct in taking this attitude and encouraging the Xenaverse to exist on the Internet. Unlike other production companies, they realize that the benefits that unauthorized websites can bring to the fans and to the show far outweigh the harm that the websites may bring to the show, despite the copyright problems.

^[17] By allowing unauthorized Xena websites to remain on the Internet, MCA/Universal and Renaissance Pictures indirectly create profit for themselves. The many popular unauthorized Xena websites serve to give the show free publicity. Tom's Xena Page, one of the most popular Xena websites, receives over 2,000 visitors daily and was recently rated number 58 out of the top 100 websites by Web Counter ^{[Note 17]}. This free publicity decreases the amount of expensive publicity that the production companies must do. Although many of the visitors to these pages are probably people who are already fans of the show, unauthorized websites can serve as an introduction to the show for people who find the sites through a newspaper or magazine article or a service such as Web Counter or Yahoo.

^[18] The producers and writers of the show also benefit from the unauthorized web sites, because they gain feedback on what the fans like and dislike about the show. A common feature of fan websites is some sort of rated guide to episodes or commentary on the episodes. These can be invaluable to people who work on the show. According to Robert Field, a film editor for Xena, the online Xenaverse is helpful because it lets people involved with the making of Xena know what they are doing right and often gives them a better overall view of what's going on with the show ^{[Note 18]}. In fact, the producers of the show often recommend that newly hired script writers use some of the unauthorized websites that provide episode summaries and character information as resources to help them become more familiar with the show ^{[Note 19]}.

Benefits to Fans

^[19] The Xenaverse also benefits the fans of the show in many ways, and since fans are more likely to stay loyal to a show that they are satisfied with, this benefits the production companies as well. The unauthorized websites, especially the fan fiction sites, allow fans to take the show in directions that are impossible on television. The producers of the show are limited in what they can portray on television. Because Xena was designed to be a family-oriented, action-adventure show, episodes generally must contain little to no sex, (generally) only comedic violence, and a quick moving plot that can be nicely wrapped up in the length of one episode ^{[Note 20]}. Fan fiction allows fans to explore other types of stories. Through fan fiction, Xena and Gabrielle have been able to fall in love, have sex, marry, have children, be seriously injured, time travel, and do other things that are not possible on the series. In addition, fan fiction stories can have a time span of a few minutes or many months, while the episodes have a more limited possible time span.

^[20] Fans also benefit from the unauthorized portions of the Xenaverse because, in many cases, the multimedia that is offered there is more plentiful than what the production companies officially sponsor. It is extremely difficult to find the posters, pictures, and sound CDs that are licensed by MCA/Universal and Renaissance Pictures, because they have been produced in extremely limited quantities. It is difficult to find videos of the shows, because few have been made. On the Internet, however, these things are easy to find. Tom's Xena Page contains screen captures, scans of publicity photos, sound, and video clips, and more.

Potential Problems of Unauthorized Web Sites

A Yahoo! search on only the word 'Xena' resulted in four categories and 170 site hits.

^[21] While it is possible that MCA/Universal and Renaissance Pictures could create problems for themselves by allowing unauthorized websites to exist on the Internet, it is unlikely that they would have many serious problems. Still, in allowing fans free reign in creating websites, the production companies take the risk that someone may seriously misrepresent the show by creating a website that portrays the show in a way that the producers do not condone. However, this fear is mostly unfounded for two reasons. First, the fact that MCA/Universal and Renaissance Pictures currently allow unauthorized sites to exist does not take away their right to shut down websites or request that websites be changed at some point in the future. Second, the areas of the Xenaverse that are most likely to cause controversy and possibly be perceived as negative, namely the areas that relate to a lesbian relationship between Xena and Gabrielle, are accepted and even encouraged by the show's producers ^{[Note 21]}.

^[22] Another possible problem that the production companies may run into is legal troubles of their own. While MCA/Universal and Renaissance Pictures own Xena, Gabrielle, and most other things associated with the show, they have no legal rights to the actual plots or dialogue of fan fiction. If a writer or producer were to read a piece fan fiction and adapt the plot of the story to write an episode for the show, the author of the story conceivably could sue them ^{[Note 22]}. The production companies have taken precautions to ensure that this does not happen. The writers and producers do not read fan fiction, and they have been instructed by the production companies not to participate in Universal's NetForum, a message board service where fan fiction is frequently posted ^{[Note 23]}.

The Road Less Traveled...

^[23] As more people acquire the technology and skills necessary to create their own websites, instances of copyright infringement such as those that have happened with Xena will become more prevalent. Production companies will have to choose whether they are going to follow the example set by Viacom and shut down websites that appear to violate copyright laws, or follow MCA/Universal and Renaissance Pictures' example, and allow the websites to exist until they actually cause a problem.

^[24] The production companies will be better off if they choose to follow the example of MCA/Universal and Renaissance Pictures and reap the benefits of unauthorized websites.

Notes

Note 01:
Bonko, Larry. "Hero Worship." The Virginian-Pilot, 03/10/97, p. E1. (30 Oct. 1997).
Return to article

Note 02:
Xenos. Xenos' Xena: Warrior Princess Fan Fiction Index. November 1, 1997. [now the Xenaverse Codex].
Return to article

Note 03:
Patterson, L. Ray, and Stanley W. Lindberg. The Nature Of Copyright: A Law Of User's Rights. Athens: U of Georgia P, 1991, p. 193.
Return to article

Note 04:
Patterson, p. 200.
Return to article

Note 05:
Patterson, p. 201.
Return to article

Note 06:
Ibid.
Return to article

Note 07:
Ibid., p. 204.
Return to article

Note 08:
Leonard, Andrew. "Who Owns Xena?" Salon, July 3, 1997. (as of 10/30/97).
Return to article

Note 09:
Williamson, Rana K. "Submitting Your Work". "Tom's Xena Page. 1997. (As of 11/18/97).
Return to article

Note 10:
Leonard.
Return to article

Note 11:
Sambucci, Luca. "About The Viacom Protest". Online Freedom Federation. 1997. (as of 10/30/97).
Return to article

Note 12:
Salkowski, Joe. "Viacom closes Hailing Frequencies on Star Trek Sites." Starnet. January 25, 1997. (as of 10/19/97).
Return to article

Note 13:
Salkowski.
Return to article

Note 14:
Simpson, Thomas. "Who is Tom Simpson?" Tom's Xena Page. 1997. (as of 10/31/97).
Return to article

Note 15:
Leonard.
Return to article

Note 16:
Leonard.
Return to article

Note 17:
Pavao, Kate Elisabeth. "Xena's Number-One Fan Taking the Festive Approach." The PEOPLE Online Daily Peephole. March 3, 1997. (as of 10/28/97).
Return to article

Note 18:
Silver, Diane. "A Cyber History of the Online Xena Community". Whoosh! The Journal of the International Association of Xena Studies, Issue 13 (10/97). (as of 06/09/98).
Return to article

Note 19:
Silver.
Return to article

Note 20:
Silver.
Return to article

Note 21:
Stockwell, Anne. "Flirting with Xena." The Advocate, August 20, 1997, p. 81.
Return to article

Note 22:
Leonard.
Return to article

Note 23:
Silver.
Return to article

Works Cited

Bonko, Larry. "Hero Worship." The Virginian-Pilot, 03/10/97, p. E1. (30 Oct. 1997).

Leonard, Andrew. "Who Owns Xena?" Salon, July 3, 1997. (as of 10/30/97).

Patterson, L. Ray, and Stanley W. Lindberg. The Nature Of Copyright: A Law Of User's Rights. Athens: U of Georgia P, 1991.

Pavao, Kate Elisabeth. "Xena's Number-One Fan Taking the Festive Approach." The PEOPLE Online Daily Peephole. March 3, 1997. (as of 10/28/97).

Salkowski, Joe. "Viacom closes Hailing Frequencies on Star Trek Sites." Starnet. January 25, 1997. (as of 10/19/97).

Sambucci, Luca. "About The Viacom Protest". Online Freedom Federation. 1997. (as of 10/30/97).

Silver, Diane. "A Cyber History of the Online Xena Community". Whoosh! The Journal of the International Association of Xena Studies, Issue 13 (10/97). (as of 06/09/98).

Simpson, Thomas. "Who is Tom Simpson?" Tom's Xena Page. 1997. (as of 10/31/97).

Stockwell, Anne. "Flirting with Xena." The Advocate, August 20, 1997, p. 81.

Williamson, Rana K. "Submitting Your Work". "Tom's Xena Page. 1997. (As of 11/18/97).

Xenos. Xenos' Xena: Warrior Princess Fan Fiction Index. November 1, 1997. [now the Xenaverse Codex].

Biography

Becky Harlow
I am a computer science major, music minor, at Illinois Wesleyan University. In my free time, what little there is of it, I like to play piano and surf the net. I am a Community Leader for Geocities, and I have my own webpage, the Xena InfoCenter. I am also a somewhat obsessed Xena fan and subtexter. I have three rats, Abby, Snoopy, and Peanut. I also have a younger sister, who rues the day that she let me sit down and watch Xena with her. She had no idea what she was getting into...
Favorite episode: THE QUEST (37/213) and ONE AGAINST AN ARMY (59/313)
Favorite line: Xena: "Even in death, Gabrielle, I will never leave you". ONE AGAINST AN ARMY (59/313); Xena: "Gabrielle, you are a gift to me". A SOLSTICE CAROL (33/209)
First episode seen: THE XENA SCROLLS (34/210)
Least favorite episode: FOR HIM THE BELL TOLLS (40/216)