Originally posted by Seaboe Muffinchucker
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Fan Fiction/Derived Work legality
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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
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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?Last edited by WraithTech; 05 April 2018, 10:40 AM.
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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 formLast edited by DarkenLycht; 05 April 2018, 10:57 AM.
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Originally posted by WraithTech View PostAlso, if MGM were against free fanworks, why would they allow GateWorld to curate such fanart and fanfics and not place pageview restrictions on it?
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.Heightmeyer's Lemming -- still the coolest Lemming of the forum
Proper Stargate Rewatch -- season 10 of SG-1
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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.
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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).Heightmeyer's Lemming -- still the coolest Lemming of the forum
Proper Stargate Rewatch -- season 10 of SG-1
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Originally posted by Falcon Horus View PostI 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).
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
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Originally posted by Falcon Horus View PostHowever, 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).
Originally posted by Falcon Horus View PostSame 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.
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Originally posted by WraithTech View PostThese 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.
And my replica skills are no way close to what PharaohHamenthotep does, so I'll stick to fanfic/art for now.Heightmeyer's Lemming -- still the coolest Lemming of the forum
Proper Stargate Rewatch -- season 10 of SG-1
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Originally posted by WraithTech View PostThese 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.
And because of the copyright and fan arts matter is so complicated to untangle, I would guess that keeps some people from posting
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Originally posted by WraithTech View PostI don't see anything specifically about the perceived popularity of free fanworks though.
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.
SeaboeIf you're going to allow yourself to be offended by a cat, you might as well just pack it in -- Steven Brust
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Originally posted by Seaboe Muffinchucker View PostI 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.
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.Last edited by WraithTech; 06 April 2018, 08:41 AM.
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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?
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Originally posted by WraithTech View PostYour 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.Last edited by DarkenLycht; 06 April 2018, 09:18 AM.
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