Anyone realize Fanfiction is illegal?
- Thread starter Pridefall
- Start date
Not to mention that some published authors have stated that they not only read fan fiction, but they also write fanfiction.
But legally, fan fiction is in a gray area. Some authors allow it, some don't. The rest tend to let themselves live in that gray area where they don't outright reject it, but they don't acknowledge it, either.
But legally, fan fiction is in a gray area. Some authors allow it, some don't. The rest tend to let themselves live in that gray area where they don't outright reject it, but they don't acknowledge it, either.
Ona side note I'm curious about a technicality...
Assuming, and this doesn't enccessarily reflect my opnion, that fanfiction is 'illeagel'..
If a series is made into a P&P RPG, as various series are, then wouldn't that waive the 'illeageal fanfiction'? Since the author could just claim they were writing up as toryline for a gaming session and such?
Assuming, and this doesn't enccessarily reflect my opnion, that fanfiction is 'illeagel'..
If a series is made into a P&P RPG, as various series are, then wouldn't that waive the 'illeageal fanfiction'? Since the author could just claim they were writing up as toryline for a gaming session and such?
Therein lies the problem. Technically, the people who run Gamesworkshop could sue the fuck out of Blizzard for copy-right infringement. Likewise, DC comics could sue Marvel for a number of copy-right infringements based on characters that are similar in both universes (see: Deadpool vs Deathstroke and Superman vs The Sentry)
Edit It's really up to how far someone wanted to go with it. Worst case scenario, if JK Rowling wasn't such a good sport about it should could have all Harry Potter fanfiction removed from the net for all of the gross mpreg fics there are out there.
Edit It's really up to how far someone wanted to go with it. Worst case scenario, if JK Rowling wasn't such a good sport about it should could have all Harry Potter fanfiction removed from the net for all of the gross mpreg fics there are out there.
Uhm... so?
Honestly, I find it odd that you only realize this now.
You know what else is illegal? Unlicensed translations, even if they're non-profit. Which means that scanlations, fansubs, and fan-translations of games (like Melty Blood and Tsukihime) are illegal. This is not new. And as with all of things like it, it's pretty much overlooked.
It's possible to sue people over it, but honestly, it's only 'technically' illegal, to the point where it's on shaky grounds in some cases. This is why most authors wouldn't even bother if they did care, since even if they won such a lawsuit (which is suspect) it wouldn't win them much.
In this case, you would be using it under 'household' rules. However, publishing it onto a website like FF.net and the rest would be illegal. Just like how showing an anime or something similar in public is not allowed unless you have special permission.
Honestly, I find it odd that you only realize this now.
You know what else is illegal? Unlicensed translations, even if they're non-profit. Which means that scanlations, fansubs, and fan-translations of games (like Melty Blood and Tsukihime) are illegal. This is not new. And as with all of things like it, it's pretty much overlooked.
It's possible to sue people over it, but honestly, it's only 'technically' illegal, to the point where it's on shaky grounds in some cases. This is why most authors wouldn't even bother if they did care, since even if they won such a lawsuit (which is suspect) it wouldn't win them much.
In this case, you would be using it under 'household' rules. However, publishing it onto a website like FF.net and the rest would be illegal. Just like how showing an anime or something similar in public is not allowed unless you have special permission.
You're right, and like I said even -I- didn't pay much attention to it until it _almost cost me my job_ when it came up in conversation. So, even if it is overlooked on as a whole by the AUTHORS, the publishing companies don't look too well upon it.
Also, in the past fansub groups have been shut down for this very reason.
Also, in the past fansub groups have been shut down for this very reason.
Of course they don't. But the companies STILL overlook it, unless you're really blatant about it anyway.
Part of the thing with it being 'technically' illegal is it would just cost too much and pay too little for the companies (or anyone involved) to do anything about it. That includes finding the individuals to sue. In other words, if you don't make yourself a target (like that one idiot who tried to publish her Star Wars fanfic through Amazon), they won't care enough to do anything.
Only when there was a cease and desist order issued and they ignored it. As a whole, everyone (even the companies) overlooks this stuff unless you're so blatant about it that it starts to affect the sales (even a tiny bit). Yes, I'm generalizing, but it's mostly true.
Same difference. Even if it didn't have the side-benefit of getting them market research, it's STILL too much of a pain to actually do more than fire out some C&Ds unless some idiots are less than subtle about it.
EDIT:
On a side note, this came up because you were discussing it with a co-worker, I assume? Yah... not really a good idea to make note that you're a fanfic writer if you work in the honeycomb. Also why it's not a bright idea to use your real name over the Internet. Anonymity IS a layer of protection, albeit a thin one.
Part of the thing with it being 'technically' illegal is it would just cost too much and pay too little for the companies (or anyone involved) to do anything about it. That includes finding the individuals to sue. In other words, if you don't make yourself a target (like that one idiot who tried to publish her Star Wars fanfic through Amazon), they won't care enough to do anything.
Only when there was a cease and desist order issued and they ignored it. As a whole, everyone (even the companies) overlooks this stuff unless you're so blatant about it that it starts to affect the sales (even a tiny bit). Yes, I'm generalizing, but it's mostly true.
Same difference. Even if it didn't have the side-benefit of getting them market research, it's STILL too much of a pain to actually do more than fire out some C&Ds unless some idiots are less than subtle about it.
EDIT:
On a side note, this came up because you were discussing it with a co-worker, I assume? Yah... not really a good idea to make note that you're a fanfic writer if you work in the honeycomb. Also why it's not a bright idea to use your real name over the Internet. Anonymity IS a layer of protection, albeit a thin one.
Fanfiction isn't illegal. There's a law called "Fair use". It boils down to: as long as you're not making any money, trying to claim this as your own creation, or leading people to believe you are in some way a decision maker in regards to the property then you can use it all you want.
Lawyers also work both ways. Any law suit can have a counter suit. That's why most lawyers try to avoid these issues. Thy're such a sticky legal situation that's it's almost impossible to win. Napster tried the "fair use" defense, and the only reason it didn't work is because they were making money from the site. Even then that suit lasted for quite some time, and wasted a lot of money on both sides. Yet ultimately it did nothing. Lawyers see that and try to avoid a repeat.
Lawyers also work both ways. Any law suit can have a counter suit. That's why most lawyers try to avoid these issues. Thy're such a sticky legal situation that's it's almost impossible to win. Napster tried the "fair use" defense, and the only reason it didn't work is because they were making money from the site. Even then that suit lasted for quite some time, and wasted a lot of money on both sides. Yet ultimately it did nothing. Lawyers see that and try to avoid a repeat.
... that's not really what 'fair use' is, exactly.
More importantly, the issue of how legal fanfiction is never really comes up, mainly because I don't think it usually goes to court. That doesn't mean you can't get in trouble for writing it, just that you aren't likely to go to jail.
I do wonder, however, why we're discussing this on a fanfiction forum. Obviously most of us already knew all about this, and don't care. We're here, afterall.
More importantly, the issue of how legal fanfiction is never really comes up, mainly because I don't think it usually goes to court. That doesn't mean you can't get in trouble for writing it, just that you aren't likely to go to jail.
I do wonder, however, why we're discussing this on a fanfiction forum. Obviously most of us already knew all about this, and don't care. We're here, afterall.
Blizzard already paid Gamesworkshop for intelectial right so their safe.
With the fanfiction it is illeagl under the laws in Australia, not sure about American laws but I believe it would be the same. Since it's on the net and all no one really cares as long as the authors don't make a fuss about it or people don't make money from it. And disclaimers mean nothing in legal terms.
With the fanfiction it is illeagl under the laws in Australia, not sure about American laws but I believe it would be the same. Since it's on the net and all no one really cares as long as the authors don't make a fuss about it or people don't make money from it. And disclaimers mean nothing in legal terms.