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Lore  
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 More options Jun 29 2008, 12:57 pm
Newsgroups: alt.books.raymond-feist
From: Lore <beefs...@hotmail.com.edu>
Date: Sun, 29 Jun 2008 12:57:09 -0400
Local: Sun, Jun 29 2008 12:57 pm
Subject: alt.books.raymond-feist Feist FAQ
3.      Feist Frequent Asked Questions
 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
3-1.    Q: Can I write FanFic??

A: No, FanFic is NOT permissible in the worlds of Raymond E Feist

Long answer by REF:

Why I Won't Let Anyone Write In Midkemia Without Permission:

I'll skip the history of Midkemia part. Let it suffice that a handful
of us from UCSD circa 1977 can write Midkemian stories if we want. I'm
the only one who's managed to make a living at it.

I live and die on intellectual property. Midkemia, the places,
characters, and situations in my books, all are how I pay the rent,
put food on the table, keep my kids clothed, and send them to school.

I must protect that Intellectual property. The simple version of that
is that "if I don't give permission to someone [except those few
others who are equally entitled to write in Midkemia with me] to write
in Midkemia (or Kelwan or the Hall of Words, etc.) then they simply
can not do it."

Why? Very complex legal reasons, but the short answer is: because it
puts my ability to make a living out of my work at risk. It threatens
my ability to pay the rent, put food on the table, keep my kids
clothed, and send them to school.

You don't agree it's a threat? Then you'd better be an Intellectual
Property lawyer with a very persuasive brief to that effect, else I'm
not going to listen to you.

"But it's good publicity!" some will shout. Hey, I get to decide
what's good pub, not you.

"It's a tribute to you!" Fine, then honor me by abiding by my wishes
and not threatening my livelihood.

"I don't care what you say, I'm going to do it anyway." Fine, then
you'll get a very pointed letter from my attorney and that won't be
fun. And I'll send copies of everything to your ISP. If I have to,
I'll sue.

Anyone who would like to know more about the i ntricacies of this can
do two things:

1) visit http://www.clari.net/brad/copymyths.html for a very nice
intro to the realities of this.

2) e-mail me with specific questions.

I've "blessed" a few web pages, and have authorized one free Mush, so
I'm not a 100% "no" guy, but I won't give free reign to anyone who
goes off half-cocked and wants to just spew out recycled Jimmy the
Hand stories, either.

So, I know some folks are anxious for more stories and don't care who
writes them, but for the most part, I have found out people who are
informed on the intricacies of this issue come to understand.

Sorry for the length of the post and hope this sheds some light on the
question without raising the heat.

Best, R.E.F.

Incase you still don't get it, here is Jack Taitum, Ray's assistant
back in 2001 who posted a lot to the newsgroup. He now has moved on or
disappeared:

OK, here's the skinny on the MBZ deal.

Marion was always a big booster of fan fiction, and had a fanzine as
well as a prozine going.

The fanzine was Darkover stuff. She was about half-way through a book
when she read a story that Rachael Holeman had bought for the 'zine
and thought that there were overlapping elements with the book she
already had underway.

So she contacted the woman who wrote the story and she said (as well
as I can remember what Ray told me), "We have similar themes and I
really like this one character you created, so why don't I integrate
your material into my new book? I'll give you an acknowledgement and
send a little cash your way." Or something like that. The woman wrote
back and said, "I want co-author credit, half the royalties, and if
you publish this book without that, I will sue you."

So Marion, on advice of counsel, dropped the book she had
half-finished, and started a different novel in its place. She lost
almost a half year's work because of a clueless wonder who claimed to
be her fan.

From that point froward, Marion's point of view on fan fiction
radically changed. See, she would have won any lawsuit. But why, at
her age and in her state of health, should she waste a couple of years
to win a case that never should have come about.

This is why Ray politely tells people to go out and create their own
universes and leave his alone.

There's another "really stupid fan" story about Chelsey Quinn
Yarborough, if you're interested.

Jack Taitum

Related Topics:
Well if I don't charge for it, its legal right?
If you don't defend your copyright, you lose it?
So what is copyrightable and how do I know something is copyrighted?

3-2.    Q: Well if I don't charge for it, its legal right?
        A: False. By charging a price only affects the damages awarded
in court, but that's essentially the only difference. It's still a
violation if you give it away for free and there can still be heavy
damages if you hurt the ”commercial value” of the property.

3-3.    Q: If you don't defend your copyright, you lose it?
        A: Incorrect. Copyright is never lost in that fashion. Since
the change in the United States law in 1975 (effective in 1976),
Copyrighted intellectual property belongs to the owner of the
copyright until 75 years after their death. There is also other rules
but in REF case this will be the rule so that his estates can benefit
from his creative genius. So this means since REF owns the copyright
and is still alive you need to ask him before you duplicate or derive
off from his works. But since REF is international (worldwide
publication), other countries have different laws regarding this. In
the United States the copyright laws are so twisted and confusing that
you need to hire a special consultant (lawyer) who just deals with
copyright, trademark laws if you're found in violation.

Now what you can lose if you don’t defend it is a trademark. A
trademark is any word, name, symbol or combination used to identify
and distinguish goods or services in trade for consumer’s consumption.

3-4.    Q: So what is copyrightable and how do I know something is
copyrighted?
        A: What is Copyrightable is anything that is a tangible fixed
and has been reproduced, or otherwise communicated that is perceived
directly or with aid of a machine. Now does this mean if it’s only a
book and not a electronic one, I can provide the electronic one
because there is none. No. The earlier line is not a either or, its an
all inclusive. Meaning if you need a computer to view it or a
projector then you can’t disturb a book version without authorization.
Copyright protects what is referred to as Intellectual Property ( IP
). And IP is any product of the human mind that is protected under
law.

But there are limitations. You can’t copyright names, facts, useful
articles (such as a mug or a book), public domain, and most
importantly ideas. But wait a minute. This means REF can’t stop me
from deriving or copying his stuff. You’re jumping to conclusions. REF
can copyright characters, description of places, the content of his
story basically the written word not the physical book itself. There
are different bundles of rights here. The bundles of right you posses
are Personal property rights in which you can posses, use/enjoy, sever
(sell or give away), change (write in or burning) the book. REF has
the rights to reproduce, distribute, adapt or derive, and public
perform his story providing he hasn’t given that away. Then after he
dies, it falls to his estate to control up to 75 years. Then after
that it becomes Public Domain.

Now how do I know if this book is copyrighted. Look in the front few
pages of any of his stories, it states it right there. Copyright
(date) by Raymond E. Feist. But this little notice is not required
since the Berne Convention of 1989. The other thing on how you can
tell this is copyrighted, look back to the first sentence. It’s
anything that has been fixed. Yes that means ideas or thoughts are not
copyrighted. But once you fix them to paper or through the use of a
machine they do become copyrighted. But does this mean if I write my
own none derived story, I own it. Yes, as long as you haven’t signed
those rights away to someone else.

Related Topics:
What if I write my own story based off another work? Wouldn't the new
work belong to me?
What if I write a parody based off another concept?
How do they find out that I could be in violation of a copyright? And
what happens after that?

3-5.    Q: What if I write my own story based off another work?
Wouldn't the new work belong to me?
        A: The Copyright law is quite explicit that the making of what
are called "derivative works" (works based or derived from another
copyrighted work) is the exclusive province of the owner of the
original work. This is true even though the making of these new works
is a highly creative process. If you write a story using settings or
characters from somebody else's work, you need that author's
permission.

So Yes, that means almost all "fan fiction" is in copyright violation.
If you want to write a story about Jim Kirk and Mr. Spock, you need
Paramount's permission, plain and simple. Now, as it turns out, many,
but not all holders of popular copyrights turn a blind eye to "fan
fiction" or even subtly encourage it because it helps their sale in
there view of things. Make no mistake, however, that it is entirely up
to them whether to do that or not.

But there is a loophole that if you base your parody (make fun of) off
another work you are protected under the first amendment in a way.

3-6.    Q: What if I write a parody based off another concept?
        A: Here is your loophole. A parody is a literary or artistic
work that imitates the characteristic style of an author or a work for
comic effect or ridicule. With the parodies author intent to make ill
suit humor or jaded satire in a very mocking tone of the derived work.

Parodies fall under the Fair Use Provision. To allow this thing called
freedom of speech in the United States to thrive. If this weren’t the
case, most comedians would be out of a job.

The fair use provision says that if you want to make fun of something
like Star Trek, you don't need their permission to include Mr. Spock
in sex scene with a bear while he makes corny jokes. This is not a
safe loophole; you can't just take a non-parody and claim it is one on
a technicality, because you misspelled something or changed something.
The way "fair use" works is you get sued for copyright infringement,
and you admit you did infringe, but that your infringement was under
the "Fair Use" clause. A subjective judgment is then made. And it does
tend to favor the owner of the copyright. If you want to make fun of
the character or writer, it is sometimes safer to do a slight change,
like instead of Mr. Spock. Go with Mr. Socks. Or add elements that are
totally bizarre and out of context for the owner of the derived story.
So just basically pick up your MAD magazines for how they do it so
damn well.

3-7.    Q: How do they find out that I could be in violation of a
copyright? And what happens after that?
        A: You’re in for some serious trouble. The person that is
responsible for protecting their copyright is like the same person
that is responsible for their own Identity, the person who it belongs
too. This means REF must police his own works or hire people to do it,
the government doesn’t have the time or the resources to seek possible
violators. Does this mean that quoting a few sentences from his book
is a infringement, most likely no. The reason why is that there is a
Fair Use clause. This allows the limited use of material without
authorization. But the decision ultimately falls on a Federal Judge
who uses what is referred to as the Four Factors as guidelines to
determine Fair Use.

Once the Federal Judge decides that you have infringed, REF or his
estate can finically ruin you. Since REF has registered his work and
can sue you for damages. Registration provides REF with the right to
sue, seek damages (money), and have you pay for his lawyer and court
fees. So it’s a win, win situation for him.

Now it is customary and might help REF’s court case if he sends a
letter of Cease & Desist before he brings legal action. This letter
basically tells you that you could be infringing on copyrighted
material and REF or a representative (lawyer) wants you to stop.

3-8.    Q: Where can I find free REF books or review before I
purchase?
        A: Define what you consider free? There is a ton of places
that offer you the ability to read books for free or for a small,
small fee. The first thing that comes to mind is your local Library.
You can check the book out for a few days and return it, and libraries
will charge nothing for it. You can go to Barnes ‘N’ Nobles or
Borders, find the book and sit down and read a few chapters to review
before you purchase it.

Back in the past, paperback books cost $5.99. Now these throw away
books cost $7.99. Other countries prices vary, but it’s the matter of
working a small job. Mow peoples lawns, Shovel their driveway all for
a small time fee. Within a week you should raise enough cash to buy
one of these paperback books. You don’t want the alternative and get
busted dealing with unauthorized ebooks.

3-9.    Q: It says that character XXXX goes here? And now it says that
XXXX is now character YYYY. Is this a misspelling?
        A: If you can understand all that jargon. It’s just a simple
misprint. When the editor went through the book for correction. He
just happened not to catch it or changed it because they thought REF
was meaning something different. We're all human, so we can make
mistakes.

3-10.   Q: Why doesn't REF write more XXXX Stories or Why doesn’t he
write more about XXXX?
        A: Its REF stories and he doesn’t take input from fans or
friends. Plus he doesn’t like to steal other people’s ideas or
infringe on other’s work. So spare him any legal issues and keep your
idea’s to yourself. Maybe create your own stories with your own
characters and places. Create your own world and hope you’re as lucky
as he is to get people wanting too read it. REF prefers the selfish
art of writing, meaning he writes for himself not for others.

Related Topics:
Why should I avoid posting my opinions or argue until the other person
concedes?
What are REF's stories based on? What is his inspiration come from?
If Mr. Feist made a movie. I would have XXXX play as XXXX?

3-11.   Q: I heard REF is writing a sequel to The Kings Buccaneer?
        A: Okay the rumor that you hear that Ray is writing a sequel
to The King Buccaneer, is about as good as the prequel to Magician.
They have something in common besides being a rumor. They will never
exist. The Magician prequel is something Ray will never write.

As for The King Buccaneer rumor, well there was going to be a book
called ‘Return of the Buccaneer’. But the story got told in clips in
Shadow of a Dark Queen and Rise of Merchant Prince to create a
diachronic story. The issue was Ray was changing to a new publisher,
and his new publisher wanted a new book series. So in the contract
confliction that might have risen, the ‘Return of the Buccaneer’ was
lost at sea.

3-12.   Q: What are REF's stories based on? Where does his inspiration
come from?
        A: As general rule for all writers, for realism you base your
stories on real life. If you write a story about say war, you read all
you can about war so you can make your war story as real as possible
so that the reader believes your tale. You borrow from real life so
the reader can connect with what’s going on. This is commonly called
research.

REF's inspiration also comes from what is referred to as the
Friday-Nighters. Back in his college days he was a member of
paper-game group that they created rules and a background history for.
REF has based his stories and is basically telling the History in this
game. So we are reading a history of how things unfolded for this
game.

For Instance there are Five Rift wars. The First one was known as the
Riftwar between the Tsuranuanni Empire and the Kingdom of Isle. Then
there was the Great Uprising evolving the Moredhel. The Second Rift
war was the Serpent war when the Emerald Queen evades the Kingdom of
Isle. The Third is known as the Dark war which was short, not very
well known to Midkemia, and had a large impact on Kelewan. The Forth
rift war is a long war but wasn’t as important but it hurts both the
Kingdom of Isle and Great Kesh. Plus it changes how both countries
regards the Isle of Stardock. The last and final fifth Rift war is
short but brings on what is referred to as The Great Cataclysm which
changes the face of Midkemia and a disasters falls upon one or all the
major characters.

3-13.   Q: Which author is better, Feist or XXXX?
        A: Which author is better than another is all a matter of
personal opinion. Obviously we have a very high regard for the writing
style, technique, worlds, stories, and characters developed by Authors
we read. Again, this is all a personal opinion.

Related Topics:
Why should I avoid posting my opinions or argue until the other person
concedes?
I like book XXXX, which book do you think is good and why?

3-14.   Q: I like book XXXX, which book do you think is good and why?
        A: Personal opinions tend to travel down in to a flame war, or
border on one. Your taste as to why you like a particular book is your
tastes and preferences. Most people dislike RoaMP because of Rupert,
but others liked the break from the traditional styles of
Hero-Fiction. I personal liked Mag and RoaDK, as I feel REF does a
better job when he is not rushing to the main climax. But all these
are a matter how you like to be entertained by a book.

Related Topics:
Why should I avoid posting my opinions or argue until the other person
concedes?

3-15.   Q: If Mr. Feist made a movie. I would have XXXX play as XXXX?
        A: Okay its nice to indulge on a list of cast members who
would look, act and fill the role of such character’s discussed. This
is a very large topic that pops up quite often and really has no
correct answer. But once people give Personal Opinions, others must
give their opinion. Thus creating a very heated discussion and when
someone makes the comment along the lines of “XXXX would make a better
actor for that part.” Anger is introduced to the discussion and once
someone gets angry or sense someone else is angry, they will reiterate
the emotion. Then it becomes hard to let it go and a flamewar starts
between the two either on the newsgroup, Mailing-list, or e-mail.

The reason as to why Lord of the Ring Movies by Peter Jackson did so
well is that it has a much larger fantasy base or fans. He also made a
major push to get funding and was taking a huge risk by doing these
movies. However it paid off for him, but someone else might not have
the same luck and Jackson might not be able to duplicate that feat.
Now that LotR has been out, anything done similar will be seen as a
clone by the larger society. As a local radio personality stated that
he wouldn’t watch LotR because it’s a “geek movie”.

One more thing is Magician is a large book. What would you cut out,
reword and change to make it dramatic enough for the big screen. Your
script choice might slaughter the feeling of the book itself, as you
must take in all consideration when creating a script, as this is now
a script for a movie not a book. Being now that it is a movie, you’re
writing to a group of people that view the story more than reading or
hearing it. Plus most moviegoers can’t tolerate sitting more than Two
and half hours. So making the right decisions might still hurt the
bottom line, which is selling the movie and possible merchandise that
will be coming out.

Related Topics:
Why should I avoid posting my opinions or argue until the other person
concedes?

3-16.   Q: Where can I find Character Pictures?
        A: Look on the book covers or in your imagination...

3-17.   Q: Where can I find Character art?
        A: Well my best suggestion is to check the webring or goggle
for it. Crydee.com has some REF inspired artwork as does Hall of
Worlds.

3-18.   Q: How about time-travel and Paradoxes?
        A: Answer from R.E.F.

Because in the Feist universe, time travel doesn't permit the same
person to exist in two places at once, so you can go back to before
you were born, or into the future after you were dead, but if you
leave on Tuesday, Jan 4 and do stuff, you must come back AFTER you
left, not before.

Best, R.E.F.

3-19.   Q: What’s the order the books go?
        A: In truth, anyway you want. But, if you want to know the
chronological order or the release order, you can look at the book
listings listed here at this site.
http://www.students.uat.edu/jefjonai/feist/elis/f_book.html

Another source is Crydee.com.
http://www.crydee.com

3-20.   Q: Is REF writing a new book?
        A: Yes. Check
http://www.students.uat.edu/jefjonai/feist/elis/f_news.html NEWS
section and below the News section Quick Links table on the right,
upon information regarding new books and title names.

3-21.   Q: Does REF post or monitor this group?
        A: Although REF does monitor this newsgroup, he doesn't pay
much attention to it. If you want to talk to Raymond, or ask him a
question then I suggest you join the Mailing-list. He's on the mailing
list and he just might respond to questions or participate in the
general discussion. Please go to the Mailing-List FAQ page on how to
join and more answers to question.

3-22.   Q: Can I use the artwork of the books on my site or etc. ?
        A: You will need the appropriate permissions from the owner of
the cover art and be prepared to have a disclaimer on your site.
Meaning you need REF’s, the Artist's, or publisher's permission to
have the cover of the book on your site as either one owns the
copyright. The first step is to ask REF for permission or ask him how
do you get in contact with the individual who owns the copyright on
the cover. Then list why your seeking permission. Be explicit and
courteous, but don't get upset and do it anyways without permission if
you’re denied.

Related Topics:
So what is copyrightable and how do I know something is copyrighted?

3-23.   Q: Where do I post the replies to a message?
        A: In alt.books.raymond-feist, refer to proper etiquette on
how to post and what you can post. Please refer to your newsreader
online documentation to reply to a message instead of sending a new
post. If you don’t know how to use the program you’re using to read
news groups. You can do a Goggle search on “How to use ‘XXXX’”. Or you
can communicate with someone who knows how.

Related Topics:
Should I post on the top or bottom of a quoted response?

3-24.   Q: I've got this great photo of XXXX. Can I post it here?
        A: Binaries or any attachment files are big, especially once
they have been encoded for Usenet transmission. As probably only a few
people will be interested in the binary, the rest of the group is
going to find it useless. If you really want to pass it around, ask to
email you if they want to see it or post it to a website. Please keep
what is referred to as binaries post (attachment) to ng that has the
word binary in its name.

Related Topics:
What are the standard rules of UseNet?

3-25.   Q: Can I post ebooks or scanned in photos of REF books? Can I
type up the whole book by hand and post it to the newsgroup?
        A: NO
All this is forbidden and has several copyright infringements. If you
create an ebook by typing word for word you’re infringing on REF
intellectual property and are lower the commercial value of his
printed stories and lowering the value of any future published ebook
by REF. If you scan in images of the printed story your infringing on
both REF and the publishers copyrights. Plus by disturbing or posting
what you think is a great find you can be sued for willful
participation of infringement. However if you come by illegal material
and your found with it but without intent to distribute. The material
will be seized and you need to prove that you where unaware that the
material was distributed to you without authorization. So if have to
question the authentication of the source then don't get it.

Related Topics:
Where can I post Binaries?
Can I post Binary attachments to abrf or the Mailing-List?
What is the rule of posting in html?

3-26.   Q: What are other good Authors I can read?
        A: There are plenty of books out there to read by some really
good Authors. Here is a list of Authors created by those who subscribe
to alt.books.raymond-feist. This is not a list created by REF.

Douglas Adams   Dave Barry
Greg Bear       Terry Brooks
Steven Brust    Orson Scott Card
Glen Cook       Philip K. Dick
David Drake     David Eddings
Kate Elliott    David Gemmell
Neil Gaiman     Terry Goodkind
Simon R. Green  Ed Greenwood
Tara K. Harper  Robin Hobb
Robert Holdstock        Robert E. Howard
Tanya Huff      Robert Jordan
Guy Gavriel Kay         Katharine Kerr
Katherine Kurtz         Mercedes Lackey
Stephen Lawhead         George R.R. Martin
Anne McCaffery  Patricia McKillip
L.E.Modesitt    Elizabeth Moon
Michael Moorcock        Andre Norton
Jerry Pournelle         Melanie Rawn
Jennifer Robeson        Joel Rosenburg
R. A. Salvatore         Fred Saberhagen
S.M. Stirling   J.R. Tolkien
Harry Turtledove        Jack Vance
David Weber     Margaret Weis and Tracey Hickman
Jane Welch      Tad Williams
Janny Wurts     Roger Zelazny
Marion Zimmer Bradley   Mickey Zucker Riechert
Terry Pratchett        
        This list is made by the subscribers of
alt.books.raymond-feist and if you feel this lacks any Author please
e-mail me the Author if you feel an Author should be added.

3-27.   Q: I have a problem with the game Betrayal at Krondor?
        A: Okay. I'm not a Troubleshooter or Technical Support. But I
can give you some help. What little I can provide you. Some help
requires professional help <wink>. If you know what I mean... :)

There is a Troubleshooting document included with the Betrayal
download file. It should exist after you extract or installed the
game. Look for the file called: bakts.wri

It should tell you important information you may need to know. But if
you don't want to read it, here is an insert for the memory management
error problem:

SECTION 8: RUNNING BETRAYAL AT KRONDOR UNDER WINDOWS '95

The Win 95 shortcut provided with this version of Krondor assumes that
the program is install to the C: drive in the \Sierra\Krondor
directory. If you choose to install Krondor to a different hard drive
or directory you can easily update the Krondor shortcut to include the
changes. Begin by right clicking on the Krondor shortcut icon and
selecting "Properties." Next, select the "Program" tab and change the
"Cmd line" and "Working" settings to the correct drive and directory.

Krondor is a DOS based program and requires 590k of Convential memory
and 1024k of Expanded (EMS) memory. By default, some Win95 systems are
not configured for EMS memory and may not run Krondor initially. To
enable EMS memory on your system, select the "Run" option from the Win
95 "Start" menu, type SYSEDIT, and then select "OK". Once the System
Configuration Editor is open, select the CONFIG.SYS window and look
for the line that reads DEVICE=C:\winDOWS\emm386.exe NOEMS. If the
line exists you can simply change the line to read
DEVICE=C:\winDOWS\emm386.exe RAM. If the line does not exist, type in
DEVICE=C:\winDOWS\emm386.exe RAM below the line that reads
device=c:\winDOWS\himem.sys. If, after double clicking the Krondor
shortcut, Window 95 warns that there is not enough Conventional memory
refer to the section on freeing Conventional memory.

-Special thanks to Peter for bringing me this information.

3-28.   Q: How do you pronounce Feist?
        A: It rhymes with iced.

3-29.   Q: How much does REF make per book or year?
        A: He has had this question asked a lot of him. I understand
where it’s coming from. How do you support your life style off from
book sales? I would suggest you couldn’t. If you like writing. Do it
as a pass time, or when you retire for something to do. Raymond’s
answer seems short.

"It's none of your business." -REF


 
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