fandomsecrets | [ SECRET POST #872 ]

⌈ Secret Post #872 ⌋

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

101.

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[Captain America/Iron Man]

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[Witch]

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[Samantha Who?]

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[Pushing Daisies]

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[Primeval]

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[Xena]

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[TwoHan and Call Now, IdeaSpy 2.5]

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[Davor Ebner]

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[Code Geass]

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[LOST]

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131.

[Zack & Miri]

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[Alexander Skarsgard]

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148.

[Girl Next Door]

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149.

[Naruto]

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150.

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151.

[Higurashi no Naku Koro ni]

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[Nostalgia Critic/Nostalgia Chick]

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Notes:

Oops, forgot to switch accounts. Sorry about icons or something.

Secrets Left to Post: 09 pages, 218 secrets from Secret Submission Post #125.
Secrets Not Posted: [ 1 - not!secrets ], [ 1 - not!fandom ], [ 1 2 3 4 5 - too big ], [ 0 - repeat ], [ 1 - posted twice ], [ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 - reposts, tell me if they are yours and NOT reposts ].
Current Secret Submissions Post: here.
Suggestions, comments, and concerns should go here.

Flat | Top-Level Comments Only

I'm not grossed out by it. I'm appalled by the usage of a real person's identity to do questionable things to their RL reputation, and the utter lack of respect it implies for a person's most basic privacy.

No, it's not like fanfic. No, it's not like fiction at all. The only time it's not legally and ethically questionable is if the person is dead (since under the law they have no rights). In that case, sure, I don't mind.

YMMV. Doesn't mean we're equally right.

Well, actually it is exactly like fiction, unless the author is secretly taping all parties involved and the fic is really a roman a clef.

You're making it sound like fen has some sort of actual influence on what's reported in the media, which is ridiculous.

Some of us have been slandered in our real lives. Some of us know what it's like when people who don't even know us are saying completely untrue things that other people read or hear and think is true. And I don't mean high school, I mean in our professional lives. So I won't do that to somebody else's life.

Uhhhhhh who are these tards who read RPF and think it's true

srsly there are no fics that are more papered with disclaimers and "THIS NEVER EVER HAPPENED I MADE IT UP IN MY TINY LITTLE BRAIN" than RPF fics

other people's idiocy is not my responsibility

Yes, it's crystal clear what you think of responsibility.

Lol, how did I know it was personal thing to you....

Dude. Grow up. Seriously, no one gives a damn about fen unless they make up the majority of their fanbase. And in that case, they'll kiss their ass and give them more delicious fanservice. Ain't nobody's feelings getting hurt.

(And stop calling your minimum-wage summer job "professional lives". Please.)

And how did I know you'd be the one to reply to this? ;-)

It seems we're both clairvoyant. Planets must be lined up, or 2012 must be close.

I'm late to the party, but RPF is actually on a lot firmer ground, legally speaking, than FPF. So if you're against RPF on legal grounds, I do hope you avoid FPF as well.

Most states now have laws that protect living celebrities, and in some states, recently dead celebrities like Elvis Presley, from the commercial exploitation of his or her name, likeness, or persona. News stories, biographies, and fiction, however, are protected by the First Amendment. To the extent you portray a celebrity in such works without defaming him or his family -- and it is absolutely clear your work is fiction, news, or biography -- you need not seek the celebrities' permission.

--here (http://www.publishlawyer.com/carousel4.htm)

The court determined "the first and second causes of action for defamation of a public figure and of a private figure are barred by the First Amendment as a matter of law since a reasonable reader to whom the Work is directed cannot understand it to state or imply actual facts or events about, or conduct of, Plaintiffs." Because the third, fourth, eighth and ninth causes of action were based on the same facts, the court concluded they could not survive independently.

--From the decision after Johnny & Edgar Winter sued DC Comics for using their images in three Jonah Hex comics here (http://www.cfac.org/Attachments/Winter_v_DC_Comics.htm), emphasis mine

Thank you for your insight; it is appreciated, and always good to learn something else. In addition, I am well aware of libel laws. The key to proving it - as always - is intent. I do not believe most RPF is produced with malice or harmful intent - and likely any action against it would not stand up in a court of law. However ... there is the component of knowingly writing something false and misleading about a real person that comes into play. Again, in the case of RPF it probably wouldn't be enforceable in a court of law, since good defense counsel could probably find a niche for the writing under "satire" or a related purpose - but what if the Real Person themselves brought the suit and could prove loss of reputation, wages, or opportunity tracing in part at least back to that? Though not probable, it's not legally impossible.

(*I work as a journalist and have for close to 20 years. Which in some cases actually pays less than a minimum-wage summer job, to reference one Anon's comments above. HAHA.)

It's definitely not impossible; I know there was a case where a hockey player (Tony Twist, I believe) sued Todd McFarlane for using his likeness in some comic/merchandise or other and won.

(The reason he won and the Winter brothers didn't, as far as I can tell, is there was no transformative element to McFarlane's use of Twist - he was merely tossing in a real person to pump up sales)

I'm glad I didn't come off as being bitchy or condescending, lol - I like talking about the legality of RPF because I find it interesting how many people cite legality as an objection when there's probably more precedent (legal precedent, anyway - there's plenty of published FPF which I consider a pretty convincing argument for the legality/legitimacy of the unpublished variety) for RPF as legally acceptable than FPF.

(Morally, I never argue, because I don't give a shit what your morals are until you tell me I need to step in line with them, haha)

No problem. "Bitchy and condescending" is name-calling, jeering, derision - just look at the thread above with me and Anon. Whether it was the secret-maker or not, their attitude was condescending. Imparting information in a civil manner is always good.

You're not going to find a ton of RPF rants from me - I don't like it, but I don't rail against it even if I'd like to. I do find it personally distasteful, but there are true legal issues that interest me about it, too, that I'm not sure a lot of the writers think about. (Hell, I wouldn't have said anything here except for the secret. Which I'm sure was the point of submitting the secret in the first place. **G**)

[ SECRET POST #872 ]

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