[ SECRET POST #1799 ]

[case]

⌈ Secret Post #1799 ⌋


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


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Notes:

IP logging is on because of the youtube redirects.

Secrets Left to Post: 06 pages, 144 secrets from Secret Submission Post #257.
Secrets Not Posted: [ 1 2 - broken links ], [ 1 - not!secrets ], [ 0 - not!fandom ], [ 1 - too big ], [ 0 - repeats ]
Current Secret Submissions Post: here.
Suggestions, comments and concerns should go here.

Comments

[aethre.livejournal.com]

It's iffy - I don't think it's really been addressed in court (though maybe there was some weird fanfic lawsuits in the 90s? I don't remember) so there's really no precedent for it.

[gethenian.livejournal.com]

From what I've read, there's more precedent than you'd think, but it doesn't amount to a cohesive standard in dealing with fan works.

Getting back to the point of the secret -- fanfiction is derivative work which is not necessarily an infringement of copyright. Relatively little fanfiction meets the criteria for infringement.

So the OP bitching about how fan works are inherently copyright infringement is very simply WRONG by standards set by US law. Putting a disclaimer of "no copyright infringement is intended" makes perfect sense, since most people aren't versed enough in law to know whether or not their fanfic may technically constitute copyright infringement. In most cases, it DOESN'T, but there's no harm in people covering their asses for lack of a law degree.

[aethre.livejournal.com]

Honestly? From my understanding of copyright? It's bloody well illegal and certain subsets of fandom are just splitting hairs over the derivative works thing. Especially since I believe that the copyright holder is the only one with the legal right to produce derivative works.

Ah, here we go! From copyright.gov: "Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. The owner is generally the author or someone who has obtained rights from the author."

So, yeah, fanfic for The Dresden Files? Totally legal (if you're not making money off of it) cuz Jim Butcher said that it's a-okay. Anyone who hasn't said anything either way? It's illegal, though they probably don't care as long as you're not cutting into their cash flow.

[(Anonymous)]

But what about parodies? Not trying to be an ass, I'm just generally curious. I thought parodies could take any work and satirize it. Couldn't the argument work just as well for fanworks? You could just claim you were parodying the source material.

[aethre.livejournal.com]

Yup, you're correct on that one. And there is a lot of fanwork that definitely falls under the parody umbrella, though it'd be hard to claim that an entirely serious (and non-ironic) introspection fic about Myka's love for HG post season three finale is a satire! Or even a straight up comedy fic that isn't vaguely critical and mocking of the source material for that matter.

(Um, Myka and HG used only because I'm super impatient for the Warehouse 13 Christmas special to hurry up and air and download onto my computer. Why yes, I have absolutely no problems with discussing the legalities of fanfic whilst blatantly stealing television!)

[(Anonymous)]

parodies need to go through a fair use analysis. It's a 4 factor test, and all points are balanced. Fan fiction has never been actually tried, though parodies need to be making a point about the work in question, and not a general parody post.

the wiki article is actually quite good http://en.wikipedia.org/wiki/Fair_use

[(Anonymous)]

But some authors do say fanfic for their work is okay by them. That then makes it fair use, right?

On that note, I have seen a couple of "no fanworks please" by authors getting ignored. Those always bother me.

[hiyami.livejournal.com]

There's copyright and then there's fair use and derivative works.
There is a gigantic debate over it in many places, to begin with the Association for Transformative Works, so I can't sum it up here.
Wiki "fan-fiction copyright" and that'll give you an entire, lengthy page on the subject.

Basically, even the law isn't clear on that because it really depends on the fan-work and the judge's appreciation, so I don't anyone can give a pat answer.