Fan Fiction/Derived Work legality

[WraithTech]

If more people are reading your free stuff than the officially sanctioned stuff, you're in violation.

Do you have any reference links from a reputable site to back up or to further explain this statement?

[DarkenLycht]

This about sums up what Seaboe said, under the point "some cautions"

https://about.deviantart.com/policy/copyright/

and here, the matter of fan art is more detailed

https://protectart.deviantart.com/jo...-Art-544787579

[WraithTech]

I don't see anything specifically about the perceived popularity of free fanworks though. How would MGM even get those stats, especially on sites without pageview counters?

Also, if MGM were against free fanworks, why would they allow GateWorld to curate such fanart and fanfics and not place pageview restrictions on it?

[DarkenLycht]

Unless someone points it out to them probably they will not.

Also, when it's known that MGM or another company does in general not mind fan arts, it is no problem. Some companies even encourage people to make fan arts, and then you can give it a go when you keep some rules in mind

That does however not mean that in general you need not to be cautious. It's always best to have the owner's permission (in written form) to use their work, no matter in which form

[Falcon Horus]

Also, if MGM were against free fanworks, why would they allow GateWorld to curate such fanart and fanfics and not place pageview restrictions on it?

Usually no company is -- unless it's used in a fashion they don't agree with.
However, there are authors who expressed quite clearly they don't tolerate any fanfiction or fanart derived from their work (but unless it's pointed out to them, they have no way of knowing it's out there).

Same with replica props -- there are a lot of replicas sold on a daily basis. If you keep them under the radar, you can get away with making some good money, until you get a cease and desist of course. There have been many arc-reactors builders, who made quality replica stuff, who got such a letter in their inbox when they became just a little too popular.

[NickEast]

I've done a bit of digging in the past. Also remember that different countries have different kinds of copyright laws.

What I understand is that fanwork is protected for the most part under "fair use". It's a very gray and vague area, but it comes down to staying true to the original work, not earning anything for it (either money or something else) and appropriately crediting who does own it. There's a lot more to it, so I suggest looking it up yourself.

What I do know is that there have been a number of court cases from big copyright owners against fan authors, with the authors winning because they fall under "fair use". But because it's such a vague area of the law doesn't mean anyone can get away with it.

I agree that it's better safe than sorry and ask permission, especially if it's a bigger project. Star Trek fans went too far with their professionally produced fan films/series and now Paramount/CBS has changed their views on fanwork. But staying true to the original work and keeping it at amateur level is in my opinion already a big step. And appropriately crediting MGM as much as possible so there is no confusion.

As a reminder, I'm not a lawyer, but just someone who did some digging a while back for just this reason.

[Falcon Horus]

I worked with Disney for a while on copyright infringement of their property, and they are sharks. So, if you do fanworks or replica props or even replica costumes, you better not be popular with them cause they'll come after you. Or use them for your own gain (especially this).

[DarkenLycht]

I worked with Disney for a while on copyright infringement of their property, and they are sharks. So, if you do fanworks or replica props or even replica costumes, you better not be popular with them cause they'll come after you. Or use them for your own gain (especially this).

I heard that about Disney and such companies are why I think it is best to only do fan-works of things you know the owners do not mind. That at least is what I do because I just do not have the means to pay any money if someone should think my work is copyright violation

Also I guess it is safe to say to it is safest to let yourself be inspired by things you like and create something that is your own, so no one can get angry at you and you do not have to fear someone comes after you, though of course I know, it is said that you cannot do anything, artwork and fiction wise that has not been done by someone before in one or the other way. It is the differences and your own style that makes things unique

[WraithTech]

However, there are authors who expressed quite clearly they don't tolerate any fanfiction or fanart derived from their work (but unless it's pointed out to them, they have no way of knowing it's out there).

Fanfiction.net keeps a list of such known authors and thankfully it is small.

Same with replica props -- there are a lot of replicas sold on a daily basis. If you keep them under the radar, you can get away with making some good money, until you get a cease and desist of course.

These are not free, though. It makes me sad that people are feeling afraid to post free Stargate fanart and fanfics. That diminishes the Stargate fandom.

[Falcon Horus]

These are not free, though. It makes me sad that people are feeling afraid to post free Stargate fanart and fanfics. That diminishes the Stargate fandom.

I share plenty...

And my replica skills are no way close to what PharaohHamenthotep does, so I'll stick to fanfic/art for now.

[DarkenLycht]

These are not free, though. It makes me sad that people are feeling afraid to post free Stargate fanart and fanfics. That diminishes the Stargate fandom.

It's understandable though because a lot of people I guess do not like the thought of doing a thing which is not welcome, even though Stargate fan art in general is encouraged and wanted by some SG related sites as here, but in the worst case if you do a wrong thing, they can sue you over it and that may get very expensive.
And because of the copyright and fan arts matter is so complicated to untangle, I would guess that keeps some people from posting

[Seaboe Muffinchucker]

I don't see anything specifically about the perceived popularity of free fanworks though.

I said nothing about perceived popularity. I said that if more people were reading your work. There is a difference. This has to do with the fact that copyright is all about profiting from your original work.

Fair use only goes so far, and if you impinge on the profitability of the original (I'm trying to keep this simple, so I won't discuss the issue of original characters and author control), courts are going to look at the fair use issue differently. I think most fandoms could care less about fan fiction. Others positively encourage it (the 1632verse, for example) while others would ban it if they could (Vorkosigan).

All of this, of course, is irrelevant to the OP, who was asking how to get fan fiction legally published (presumably in a form that would make money). The only way to do that, if you're using someone else's characters or world, is to get permission.

ETA: One of the reasons Disney is so adamant about protecting its copyrights is because copyrights are all they have (well, and trademarks). Or so I've heard. It may also be a lingering after effect of the loss of Oswald the Rabbit all those years ago.

Seaboe

[WraithTech]

I said nothing about perceived popularity. I said that if more people were reading your work. There is a difference. This has to do with the fact that copyright is all about profiting from your original work.

Your original post said, "If more people are reading your free stuff than the officially sanctioned stuff, you're in violation."

So, again, I ask, do you have a valid citation for this claim about the number of people reading free stuff?

Addition: GateWorld, Fanfiction.net, dA, and AO3 do not impose reading limits for free fanworks. Until these sites do, or until I see proof otherwise of such laws (and the necessary legal equations for how to calculate such ratios of readership), I am not going to let an unproven statement worry me from sharing free fanworks.

[NickEast]

The only truly legal way of publishing commercial fan fiction is through Amazon Kindle Worlds, and only if the particular franchise has a deal with Amazon. The 100, GI Joe, and a number of other known and lesser-known franchises are available. Then the writer receives royalties and the rest goes to Amazon and the copyright owner (don't know the specifics, but it's obviously in the best interest of the latter two).

What if MGM could make a similar deal to open up Stargate for legal fan fiction?

[DarkenLycht]

Your original post said, "If more people are reading your free stuff than the officially sanctioned stuff, you're in violation."

So, again, I ask, do you have a valid citation for this claim about the number of people reading free stuff?

Addition: GateWorld, Fanfiction.net, dA, and AO3 do not impose reading limits for free fanworks. Until these sites do, or until I see proof otherwise of such laws (and the necessary legal equations for how to calculate such ratios of readership), I am not going to let an unproven statement worry me from sharing free fanworks.

I looked around a bit myself and as well could not find anything like that. My guess for that would be either that there is nothing like that or that no one actually thinks a fan fiction could get more popular than an original work