[ 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)]

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.