[ SECRET POST #2651 ]

[case]

⌈ Secret Post #2651 ⌋

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

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Notes:

Secrets Left to Post: 03 pages, 051 secrets from Secret Submission Post #379.
Secrets Not Posted: [ 0 - broken links ], [ 0 - not!secrets ], [ 0 - not!fandom ], [ 0 - too big ], [ 1 2 - repeat ].
Current Secret Submissions Post: here.
Suggestions, comments, and concerns should go here.

Comments

[(Anonymous)]

IANAL, but having been forced to learn quite a bit about medial law for my job, I gotta say... No.

The reason people feel safer selling fanart than fanfic is because the chances of getting sued are lower, since unless the original cannon is a series of unconnected still pictures (ie not a movie or animation or anything like that) then the fanart is not in direct competition with the original. No one is going to buy a fanart of Sam and Dean in place of the series, so it doesn't have a material cost to the original creator. Most of the time they could legally move on fanartists if they so chose, but it's not worth the bad will and the cost of litigation.

With fanfiction, on the other hand, not only can it possibly be used as a replacement for the original cannon and potentially harm the original creators financially that way, it can also open them up to lawsuits, since if the actual creator of a series writes an episode or book or something that sounds too similar to a fanfic, they can totally be sued. Sued for writing a story about the characters *they* created. That's why so many authors say they never read *any* fanfic of their works. It forces many authors to look at fanfic very differently from fanart.

I'm sure there's other aspects, but those are two of the biggest differences.

[(Anonymous)]

Dangit, I wish THIS had been the first comment on the thread. Ah well, tucking it aside for the next inevitable time this comes up.

THANK YOU.

[(Anonymous)]

[(Anonymous)]

With fanfiction, on the other hand, not only can it possibly be used as a replacement for the original cannon and potentially harm the original creators financially that way, it can also open them up to lawsuits, since if the actual creator of a series writes an episode or book or something that sounds too similar to a fanfic, they can totally be sued. Sued for writing a story about the characters *they* created. That's why so many authors say they never read *any* fanfic of their works. It forces many authors to look at fanfic very differently from fanart.

Um, nope. Not true and can't.

It has been proven time and again that fan fiction (all fan works) actually get more interest in the show not the opposite. It makes the original more popular and sell more, not the opposite. It never takes away from the original...those are hypothetical ideas that have been proven wrong again and again.

They could not be sued by the fan fiction writers. This is the silliest defence ever. You can not copyright ideas! Unless they took a fan fiction and copied the prose word for word—and then of course they were actually plagiarising—then the fan fiction writer would have no leg to stand on. The judge would laugh them out of court. You know like that guy that tired to sue JK Rowling for using the word Muggle and having a magical school.

Guess, what. You could take the entire plot of Harry Potter and rewrite it with new characters, but as long as the only thing you took was the plot JK Rowling couldn't sue. It isn't copyrightable. Ideas are not copyrightable!

Words are. You could use even one paragraph from the original. You can't use any of the trademarked words. But ideas? Plots? NEVER copyrightable!

These are the two that said the most often and they have no grounding in reality!