(no subject)

[shadowkat]

Good news for anyone who has ever posted an original work and/or fanfiction or meta on the internet?

From: http://fyeahcopyright.tumblr.com/post/45190020519/things-we-didnt-expect-to-joyfully-type-at-least (OR fandomlawyers) and oh, something you can all thank 50 Shades of Grey for.

Defendants do not and cannot provide any legal authority for the proposition that an earlier version of Ms. Mitchell’s work is now in the “public domain.” They can hardly defend their infringement of Plaintiffs’ copyrights in the Fifty Shades Trilogy by claiming that it is substantially similar to Ms. Mitchell’s own earlier work.

Yes, Universal & their lawyers have basically stated that there is no legal authority for the proposition that fanfic posted online is in the public domain.

How is this relevant to your interests, fanfic writers, and fanartists?

As we posted last week, as a user of the internet, you still own the copyright in your work, even if it is posted online for other people to access, and even if the Terms of Use for the site you’re posting on say that the site has a license to use your work on specified ways.

This right exists, even if it’s based on something someone else wrote; you still hold a copyright in your original, specific words. Online and available does not equal Public Domain.

2. Answers and Questions about Disclaimers - example of a disclaimer: "I don't own anything here, Rights to the House of Mouse and ABC"

You might want to rethink disclaimers. Here's why:

By using this, the author does not state that any copyrights are being abandoned or stories are being placed in the public domain.

ANYWAY, a disclaimer that says “I own nothing” might actually not do anything as a matter of law, according to the Copyright Office, as per Public Domain Sherpa:

There is no specific provision in the copyright law for disclaiming rights in copyrighted works, and of course, no obligation to do so. However, the Copyright Office will record a statement of your intention to relinquish rights in our official records because the document pertains to a copyright within the meaning of the statute. A statement of abandonment should identify the works involved by title and/or registration number. The office does not provide forms for this purpose.

The legal effect of recording a statement of abandonment is not clear. Moreover, its acceptance for recordation in this office should not be construed as approval of the legal sufficiency of its content or its effect on the status or ownership of any copyright.

Even if you use “I own nothing” language a court might not think that’s unequivocal enough to satisfy the vaguries of the statute, especially if the fic author (or fanartist, or vidder) was a teenager or misinformed about what the sentence meant or otherwise didn’t actually mean to place the work in the public domain. Also, if you place a work in the public domain, someone else can come along and, say, submit it to Lulu or Amazon’s self-publishing arm, etc., and give full credit to you, but make money off of the distribution of the story. We can’t imagine many fanfic writers wanting that to happen to something they’ve written. It would be totally legal, though! Look what all the bookstores and publishers do with novels that are old enough to put in the public domain. They add zombies, vampires, sex scenes, pretty covers, or a vlogging platform (often getting very creative) and then they’re able to make money off of it.
If you don’t want that to happen to your fanfic, then don’t say your fanfic is released into the public domain.


However, what people generally mean when they add disclaimers to fic is “please don’t sue me for creating things based on your characters.” This myth that you will be sued for fic is still pervasive in fandom, over a decade after these disclaimers became a common thing.
For some people, putting disclaimers on their fics is at least partly a reaction to Warner Bros. and J.K. Rowling sending out Cease and Desist letters to websites publishing R/NC-17 rated fic. (This is actually remarkably close to how I fell into fandom. I was 16 at the time -HL.)

The thing is, these disclaimers aren’t legally necessary. The nature of fic means that the author is using source material that they did not create, so if the ficcer makes that clear by the summary and/or tags, starting a disclaimer with a “who owns what” statement is redundant.

The second part, the “no infringement is intended” bit, is what everyone thinks is important. The legal analysis gets long, but it boils down to the fact that fic could be infringing on copyright, except that fair use means it isn’t, which means that there is no liability for the infringement (if any).

Yippee Kia Yay!

My views on this have finally been validated, after fighting people on and offline for years. Fanfic is only a violation of copyright - if you are continuing someone else's story for profit without their permission and using their trademarked characters and world. But just because you posted it as fanfic and it's for free - does not mean that anyone can take or use it, it's not in the public domain - it is your story, just as a spec script is the property of the person who wrote the spec script or a spec novel (a la novel based on an original work - sent to the publisher as a potential sequel is the intellectual property of the person who created it.
In short, selenak's fanfic about Once Upon A Time is her's. Disney can't grab it. It's not in the public domain unless she expressly states it is (Do NOT Do THAT!) and you require her permission to use it, if you don't get it - you are infringing on copyright.

And people, friends of mine, we now appear to have an actual court case stating it.

Go here for original links and notice.

2. Worried that I've slipped a disc or have a bulging disc in my spine - because I appear to have a sciatic nerve issue. This means doctor. But my doc is an internist and sucks at referrals regarding insurance. He refers me to people solely in Manhattan, and not carriers of my insurance.
So I don't know what to do. Hence procrastinating and hoping stupid thing will go away on its own without a physical therapist. Parents are suggesting doctor and do what I can.

3. Apparently Veronica Mars Kickstarter Campaign to Become a Movie
is getting as much fan support as Firefly did, possibly more. It's passed the 2.5 million mark.
I didn't know there were that many VM fans? Neither did WB apparently. Gotta love the internet - it makes guerilla marketing so much easier. Actually I think the internet was made for marketing people - they don't have to leave home - or dress up, just sit all day in pajamas and post stuff.

That said? Veronica Mars did sort of leave off on a cliff-hanger for both Logan and Keith Mars characters. It's pure noire - which is why it was so controversial with the fandom, a lot of fans don't know how to deal with noire - noire for one thing doesn't end well, romantic relationships tend to be dark and twisted, and you often aren't supposed to like the hero/heroine - they are anti-heroes. Also noire is by its very nature politically incorrect. Actually most art and expression tends to be... or the better stuff at any rate. Those no such thing as nice art, well there is but it tends to be fairly forgettable and bland.

I wouldn't mind a movie. It's amongst the few tv series that I think they could do one for...since the storyline was not restricted to "coming of age" or "high school setting" and you could realistically have an adult Veronica Mars. Also the series star did age well. Not true of everyone.

4. Dead tired. Week has been a tough one. Training was harder than work in some respects. Imagine being stuck with the female version of Archie Bunker for four days? Very sweet, loves animals, but still Archie Bunker. Beginning to feel sorry for Meathead. (If you don't know what I'm talking about - look up All in the Family by Norman Lear).

Anyhow, taking a break from people for two days. Crashing. Have to do laundry, so there is that.

Comments

[flameraven.livejournal.com]

I wonder if the ruling about copyright and internet works will extend to original works, and how that will affect the publishing business. The general line I've heard is that even if you write original fiction, it's a bad idea to post it up online in its entirety because that negates first rights, which is what all the publishers want. (And obviously there is also the risk of some idiot plagiarizing you.) With self-publishing it obviously doesn't matter, but I know that's something the big publishers are still reluctant about. Though if you can show that you've got a couple thousand dedicated readers, it may not matter either.

I haven't seen Veronica Mars, but I've heard good things about it, and the success of the Kickstarter (3.3 million currently!) has convinced me to grab the first season to watch. I'm looking forward to it, and it will give me something to watch in between Once Upon a Time episodes.

[shadowkat67.livejournal.com]

The general line I've heard is that even if you write original fiction, it's a bad idea to post it up online in its entirety because that negates first rights, which is what all the publishers want.

Myth.

That general line is completely erroneous and false. I've telling people that for years. There's a lot of amateur lawyers in publishing who know zip about copyright law. This case directly states that if you post ORIGINAL fiction online regardless of whether or not it is fanfic, it does NOT negate first rights. YOU the person who wrote and created it own it. It DOES NOT NEGATE. Unless - you "expressly" state that you agree it is in the public domain. Note - you have to state that you willingly put it in the public domain. No work is automatically in it - until after you die and even then, there's the 50 year rule or something like that - put into effect with the Sonny Buno Copyright Act.

The publishing industry has been beyond stupid about this - they simply do not understand the nuances of copyright law. This is what happens when you hire a bunch of English Lit Majors as Acquisitions Editors. Stupid! Don't EVER do that. They should be editors, not work with contracts or copyright law at all.

As a result they've lost out on "millions" - to publishers who didn't think that way. Perfect example?

The Girl Who Circumnavigated Fairyland in a Ship of Her Own Making (http://en.wikipedia.org/wiki/The_Girl_Who_Circumnavigated_Fairyland_in_a_Ship_of_Her_Own_Making) - this was an ORIGINAL work of fiction that was self-published online for free with donations on a website. It has since been published by a very bright small press (the indies are brighter about this at times) and has made the New York Times Best Seller List, won multiple awards, and made Time Magazine's Best Books of the Year list, it also bet Dr. Horrible's Sing-a-Long Blog for Internet Awards.

Any publisher who turns down an original work of fiction that was first published on the internet is an idiot. They need to get with the program. Or they are missing out. Also they need to consult a lawyer not a English Lit Major who thinks they understand copyright law and really doesn't. I used to fight with a nitwit who is Director of Contracts at Perseus Books - she knows zip about contract law or copyright - but that's the idiotic publishing industry and it's why it is struggling.

I have stories that would scare you about the idiocy of the people in that industry. But the good news? 50 Shades of Grey, Girl Who Circumvented Fairyland and various other novels that have been published first on the internet by the original writer or self-published and made millions have woken up the industry.


That's what the ruling means. But it was always that way. All you have to do to own copyright is put pen to paper. I couldn't, for example, repost the post above without giving credit to the original writer - or I would be in violation of copyright law.

IT is NOT limited to fanfic

[flameraven.livejournal.com]

Oh, I know that a work only has to be created to be copyrighted. I realized after I posted I had phrased it badly. It's nice to have confirmation like this for both fanfic and original works, though, considering all the idiots and copyright trolls now trying to make things like "posting a link to a page" a violation of copyright.

I agree that the publishers have been very poor in adapting to new media. I still don't understand why we don't have the option to, say, buy a physical book, and then get the ebook free or for only a few dollars added on to the price of the physical copy. That and terrible DRM and stupid copyright issues are causing more problems than they solve. For example-- ebooks are often limited by country, so if you're not in the right country, you can't download the book. It's ridiculous. An ebook should be as widely available as possible, that's the benefit of ebooks over physical books.

I did read the Girl Who Circumnavigated Fairyland, it was good. I definitely see why it was self- and small-published first, though. It has an old-timey fairytale charm that I can see publishers being unwilling to take a risk on.

[shadowkat67.livejournal.com]

You should try Veronica Mars - you may like it better than Buffy - it's tighter in some places. The first season is by far the best. But they get out of high school fast and there's some really clever episodes in the latter seasons.

[ponygirl2000.livejournal.com]

Yikes! A slipped disk is serious. Get thee to a doctor! Can you go into your GP's with a list of insurance approved doctors? Or go to a walk-in clinic to get a referral? Does your insurance cover a chiropractor? Good luck, back stuff is so awful.

[shadowkat67.livejournal.com]

I don't know if it is a slipped disk. Just that it hurts to walk at times particularly stairs and there's pain emanating from my shoulder and neck region and lower back.

It's fine now. No pain. But been using bengay, and heat and cold on back since I got home, also taking aleve.

When I climb steps or touch along the muscles on the side of my leg it hurts. My folks over the phone think it sounds like what my dad had - the sciatic nerve and something is pressing on it.

At any rate - you gave me a great idea. I'll do some research first and get an appointment and take the list in to the doctor for referral.

No, my insurance doesn't cover chiropractor - and they are dangerous for me because I have Scheuremann's kypthosis (http://en.wikipedia.org/wiki/Scheuermann%27s_disease) - although not as bad as a hunch back but the curvature - inherited from my father. If a chiropractor tried to straighten that...oh god.
So I do massage instead, and am trying rudimentary yoga. Also thinking physical therapy.

Walk-in is a possibility - but would have to find one that takes my insurance. I figure if not better by monday, I'm calling it in.

[masqthephlsphr.livejournal.com]

Sympathies on your back. I have been having backaches for several years now when I stand or walk for >15 minutes. I finally, *finally* scheduled a spine MRI for later this month. The x-ray at the doctor showed a spine disc misalignment, so now they will look at the soft tissue.

[shadowkat67.livejournal.com]

Thanks! I'm thinking an MRI may be in my future.

I've always had back-aches off and on due to the curvature...so I tend to ignore or use heat. But this one is bad since it's hard to walk and is radiating down my arm and leg. Making it difficult to do any exercises outside of rudimentary yoga stretches.

And another great Icon that I may snag. I need new icons, mine bore me.

[masqthephlsphr.livejournal.com]

Yes, doctor. Good. Go.

Heat does help. I keep a heating pad on at work and home for the small of my back. Only time I don't use it is when it's friggin' 115 degrees outside. I think it works for me because really what a lot of it is about for me is arthritis (and a misaligned spine, but an arthritic one). My recent visit to the orthopedic doctor confirmed I am racked with arthritis. Cold air, like in the office at work, is just killer.

Ack, if this is what it's like at 50, what will it be like in 20 years? Ack.

[shadowkat67.livejournal.com]

I hear you... I'm 46. I fear what lies ahead.

My father had a spinal operation at 75 for sciatic nerve and has been getting cortizon shots in his back because of the arthritis. And my sister-in-law has a bulging disc.

And I'm willing to bet my back is racked with arthritis as is my knee and ankle. I have it in my family. Probably living in the wrong climate - but I can't breath in Arizona.

Orthopedic Doctor - that's who I need to look for. Thank you!! No idea who to check with on this sort of thing. (My primary is an internist - so useless. I don't need him for a referral - but I might do a list of orthopedic doctors from my insurance and take it to him and ask him to recommend one he knows that is good and go from there. Frak Work, I need to do something.)

I have a heating pad at work, three heating pads at home. Cold ice packs. Ben Gay. And been taking aleve a lot.

This week almost did me in - had to get into a small car seat, bad chairs for hours at a time, and lots of walking up and down steps. Work itself is better - plus I have a microwavable heating pad and can plug myself into the ipod - blocking out things that raise the old blood-pressure.

[masqthephlsphr.livejournal.com]

LOL, I'm going to my mom's orthopedic doctor. He's seen her through a knee operation, two hip operations, and a back operation. And though he's lacking in personality, his colleague, a Nurse Practitioner, makes up for it in the doctor's office setting.