case: (Default)
Case ([personal profile] case) wrote in [community profile] fandomsecrets2022-10-22 04:06 pm

[ SECRET POST #5769 ]


⌈ Secret Post #5789 ⌋

Warning: Some secrets are NOT worksafe and may contain SPOILERS.


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Notes:

Secrets Left to Post: 03 pages, 69 secrets from Secret Submission Post #826.
Secrets Not Posted: [ 0 - broken links ], [ 0 - not!secrets ], [ 0 - not!fandom ], [ 0 - too big ], [ 0 - repeat ].
Current Secret Submissions Post: here.
Suggestions, comments, and concerns should go here.

(Anonymous) 2022-10-22 09:37 pm (UTC)(link)
I think a lot of greedy fic writers are going to be in for a very rude awakening when TPTB do eventually decide to sue. Fanfic is still a legal gray area.

(Anonymous) 2022-10-22 09:40 pm (UTC)(link)
when TPTB do eventually decide to sue.

Why do you think this will happen?

(Anonymous) 2022-10-22 09:45 pm (UTC)(link)
The more obvious and egregious the profit making becomes on fic, they more likely copyright owners are to sue, and to have reason to sue.

(Anonymous) 2022-10-22 09:47 pm (UTC)(link)
Why? I don't see it.

(Anonymous) 2022-10-23 08:36 pm (UTC)(link)
Because these companies see money that they THINK they should have gotten as an actual LOSS of money.

(Anonymous) 2022-10-22 09:51 pm (UTC)(link)
DA

If that were true, the publishers of Twilight would have sued the living shit out of E L James.

(Anonymous) 2022-10-22 10:18 pm (UTC)(link)
Not quite the same. You can't copyright an idea (in this case an abusive romance), only the expression of an idea. So if EL James had published her AU romance about Bella and Edward, then yes it would infringe on Meyer's expression of that idea in those characters. But one you file the serial numbers off (if you do it well enough), you are left with a different expression of the same idea, which isn't an infringement. That's my understanding, anyway.

/not a laywer

(Anonymous) 2022-10-22 10:14 pm (UTC)(link)
Made a longer comment about this above, but fan creators would need to be making serious $ or really infringing on the IP for IP owners to put their foot down. And would have to balance it against company reputation and fan reactions. See the case against the Star Trek fan film which became a bit too big for its boots:
https://www.rollingstone.com/tv-movies/tv-movie-news/star-trek-producers-settle-lawsuit-against-crowdfunded-film-193147/amp/

So even if they had a legal case, I can't really see a company bothering to sue someone for making $5 a month of their weird fanfic porn.

/not a lawyer