[ SECRET POST #6035 ]

[case]

⌈ Secret Post #6305 ⌋

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


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Notes:

Secrets Left to Post: 01 pages, 15 secrets from Secret Submission Post #901.
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.

Comments

[(Anonymous)]

"a novel by Thomas Hughes, published in 1857."

Oh look at that. It was published. Also, just because things are old doesn't mean they're fanfiction. This HAD a copyright. If it were written today it would have a copyright. Just because Sherlock Holmes is now out of copyright doesn't mean I get the money back that I spent as a child buying the books. I still bought them. Because they're BOOKS.

Stop trying to make an argument from your feelings.

[(Anonymous)]

And fanfiction is also published, it is just published in online form only. As are many ebooks these days.

[(Anonymous)]

Lol. Go to an actual publisher and tell them you published your book on Ao3. See how far you get.

[(Anonymous)]

To be fair, it can get you far like Alice Hazelwood, Senlinyue...

[(Anonymous)]

Oh man, you're making an argument from language????? HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAAHHAHAHAHAHA *deep breath* HAHAHAHAHHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAH!!!!!!!!!!!!!

[(Anonymous)]

If it were written today it would have a copyright.

If my aunt had wheels she'd be a bicycle.

[(Anonymous)]

No see, your sentence is called a non-sequitor. In that it has nothing to do with the current discussion. My sentence is talking about a characteristic - copyright-ability, which is germane to the topic.

Your fanfiction is not a book.

[(Anonymous)]

There's many fanfic that are so close to original fic that they would be copyrightable of you went through and changed the names.

[(Anonymous)]

And if they change the names, this may be true. But are they Sanji and Zoro? Not copyrightable. So it's fanfic. You are learning! Good job!

[(Anonymous)]

So why are your hypotheticals allowed but not mine?

As it stands, neither the One Piece fanfic nor Tom Brown's School Days are copyrightable. Under other hypothetical circumstances, both might be. So what's the difference?

Is Silverlock by John Myers Myers a book? Are Philip Jose Farmer's Wold Newton books? Is a Star Wars EU novel? It's not original fiction.

[(Anonymous)]

Which are copyrightable? There is your answer.

[(Anonymous)]

Let's say that I write a novel about the torrid love affair between Mina Harker and Lucy Westenra from Dracula. I legally have every right to do that and it's copyrightable. So it would be a book by your definition. If a publisher accepted it, it could be a smash hit and I would be renowned as the new hot author. They could make a movie about it and everything. But if a publisher rejected it, I could also post it on AO3 as a properly tagged fanfiction for the novel Dracula and it would be perfectly clear in that context that it was fanfiction. Let's say I wrote a novel-length fic about a romance between Nick and Gatsby in 2020. Would it become a book at the stroke of midnight January 1 2021 when Gatsby entered public domain?

[(Anonymous)]

You know that if your Mina/Lucy novel was PUBLISHED it would be copyrighted, correct? Like, people could not LEGALLY publish fanfiction of your book and profit of it.

[(Anonymous)]

NAYRT

Actually, it's in the grey area (which is why their Mina/Lucy fanfic is fanfiction). Once the characters are in the public domain, they can't be copyrighted again, unless you've changed everything about them so much as to be original (e.g. Twilight).

[(Anonymous)]

The characters wouldn't be in the public domain, but the text itself would be - I mean I'm not a lawyer but I'm pretty sure that's how it works. Brittle Innings, the Michael Bishop novel where Frankenstein's monster is a home run hitting first baseman, is under copyright even though the character of Frankenstein's monster isn't.

But this kind of illustrates the absurdity of trying to determine whether a text is a book or fanfiction based on its copyright status. You can't do it.

[(Anonymous)]

Sure, you can copyright the fact that you put words in a certain order, but the very definition of fanfiction is to write about characters that are not your own. You cannot copyright character that are not your own. Even if those characters fall into the public domain, you cannot copyright them. You can have a kind of copyright on your fanfiction, whereby you can sue if someone else uses the same words in the same order, but you cannot sue someone else for writing Dracula fanfiction. You can't sue someone else for using the exact same characters in the exact same scenario that is written with words in a different order. Because you don't have a full copyright. You have what non-fiction writers have, to protect against plagiarism. You cannot copyright what has fallen into the public domain.

Fanfiction is not a book. Acting like it is puts us all at risk. Stop it.

[(Anonymous)]

I do not think that fanfiction and books are the same, I just think that the distinctions being advanced are clearly wrong and incoherent.

[(Anonymous)]

That's ok. It's a free country and you're allowed to be wrong. Just be careful, because being wrong about the legal status of fanfiction can bring with it severe financial consequences.

Cause fanfiction doesn't have a copyright.

[(Anonymous)]

My position has been clear.

[(Anonymous)]

Yeah, and we've explained to you why it's wrong. It can be both, you know.