(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.