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Copyright Question

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JMingo

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Dec 9, 1995, 3:00:00 AM12/9/95
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Trina asks:

>I'd like someone familiar with copyright law to answer this. Is it a
>violation of copyright to post a story on the Net which uses characters
>created by other people?


It depends on whether the original work is still copyrighted, how you use
them (for example, satire is sometimes acceptable), and other variables.

Jack (On the other hand, the worst that would probably happen is that
you'll get a stern letter telling you to cut it out...) Mingo

TrinaL1

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Dec 9, 1995, 3:00:00 AM12/9/95
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I'd like someone familiar with copyright law to answer this. Is it a
violation of copyright to post a story on the Net which uses characters
created by other people? This is a story I've been writing purely for my
own pleasure & practice; I don't intend to ever submit it anywhere. I'd
just like to find out before I go and do something potentially illegal.

claguire

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Dec 10, 1995, 3:00:00 AM12/10/95
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In article <4ac7o4$j...@newsbf02.news.aol.com>, tri...@aol.com says...

There are thousands (millions?) of people out there writing "fan fiction,"
mostly inspired by television and movies, but occaisionally from books.
(Marion Zimmer Bradley actually encourages it, with limitations.) If you
are thinking of using characters from a TV show or movie, seek out topics
based on those shows, and find some fellow fans who are interested in
sharing the fiction privately. You might also find some newsgroups
dedicated to established kinds of fan fiction (most certainly you will
find them for Star Trek.)

One note: write it for fun, but for practice, watch out. Fan fiction has
its own requirements, and it can get you into some very bad habits. Don't
depend on it for preparation for regular publishing.

Camille

Deck Deckert

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Dec 10, 1995, 3:00:00 AM12/10/95
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Camille wrote:
One note: write it for fun, but for practice, watch out.
Fan fiction has its own requirements, and it can get you
into some very bad habits...

I'm not familiar with fan fiction. What kind of bad habits do
folks get into?

Deck

claguire

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Dec 10, 1995, 3:00:00 AM12/10/95
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In article <4afb66$43...@news.gate.net>, de...@gate.net (Deck Deckert) wrote:

> I'm not familiar with fan fiction. What kind of bad habits do
> folks get into?
>
> Deck

Aside from borrowing characters and situations from others, the main thing
that I see is loooooonnnnngggg droning interior monologues. Sometimes
they don't even have a plot. Many fans read fan fiction specifically
because they like the long droning interior monologues, so I can't
criticize it within its genre.

I know a few people who write fan fiction, and one or two who have made
the jump to "real" fiction. They seem to vary as much as anybody, so I
can't say that all fan fic is of the monologue variety. (I know one guy
who writes very plot oriented Dr. Who fiction--and was invited to write a
commercial Whovian book.) Those that made the jump, however, complain
that they did have to break a LOT of habits. Couldn't tell you what they
all were. I know some have to do with "characterization by committee"
which goes on whether the author likes it or not, because the fans have
some very strong opinions.

Camille

Sandra Hildreth

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Dec 10, 1995, 3:00:00 AM12/10/95
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In article <4ac7o4$j...@newsbf02.news.aol.com>, tri...@aol.com says...
>
>I'd like someone familiar with copyright law to answer this. Is it a
>violation of copyright to post a story on the Net which uses characters
>created by other people? This is a story I've been writing purely for my
>own pleasure & practice; I don't intend to ever submit it anywhere. I'd
>just like to find out before I go and do something potentially illegal.

In my opinion, you will probably receive negative answers about using
anyone's work other than your own here. The newsgroup, misc.writing, is
where writers get together to discuss may different subjects. Thy typical
posters or lurkers are generally those who currently write, would like to,
help others in their craft and occasionally publishers and agents.

About the only reason to use other people's characters would be in a
script for an already-being-aired TV program.

I have seen this question posed before in this newsgroup and have never
seen a go-ahead-and-use-it reply.

You might try misc.legal if you are wanting legal advice. I haven't posted
there before so I don't know if any attorneys are in that newsgroup who
give legal counsel at no charge but you might try it.

Also, there are newsgroups where story postings are more appropriate. This
group is more like a coffee house where people discuss issues with a few
occasional jokes or anecdotes are thrown in for variety.

While I can't speak for all lurkers here, I do know that I certainly
wouldn't like anyone plagerizing my work.

This reply is not meant to be a flame but an honest reply from one fellow
writer to another who is asking a legitimate questions.

Sandra Hildreth
Author of two books and many years of media material


Lawrence Watt-Evans

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Dec 11, 1995, 3:00:00 AM12/11/95
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In article <claguire-101...@pm101-07.dialip.mich.net>,
clag...@alpha.lansing.cc.mi.us says...

>(Marion Zimmer Bradley actually encourages it, with limitations.)

No, she doesn't any more. She USED to, you're quite right -- but then she
wanted to write a Darkover novel using a concept similar to a fan story, and
the fan demanded half the money and collaborator's credit in the byline. So
Bradley threw the story out and no longer encourages fan fiction. I believe
she still allows it, but the rules got a lot tighter.


--
For information on Lawrence Watt-Evans, finger -l lawr...@clark.net
or see The Misenchanted Page at http://www.greyware.com/authors/LWE/
The Horror Writers Association Page is at http://www.horror.org/HWA/


Francis Hamit

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Dec 12, 1995, 3:00:00 AM12/12/95
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In a previous article, tri...@aol.com (TrinaL1) says:

>I'd like someone familiar with copyright law to answer this. Is it a
>violation of copyright to post a story on the Net which uses characters
>created by other people? This is a story I've been writing purely for my
>own pleasure & practice; I don't intend to ever submit it anywhere. I'd
>just like to find out before I go and do something potentially illegal.
>

I'm no lawyer, but it seems to me that this type of dissemination is,
indeed, a form of publication. If the characters are from another
work-like a popular televison show--then what you have created is a
derivative work. You cannot publish such without the express written
permission of the original copyright holder. If you do, they have to sue
you to protect their rights. Never irritate people who have more money
and better lawyers than you do. The Net is not a fanzine.

Francis

--
|Francis Hamit, Writer *=*=*=*=*=*=*=*=* Leigh Strother-Vien, Editor |
|Francis Hamit & Leigh Strother-Vien, partners, Retail Concepts, Ltd.|
|Hamit & Associates, consultants, corporate communications & culture |
|* Leigh Strother-Vien, Librarian, L.A.Science Fantasy Society, Inc.*|

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