Subject: [spam/added notes] Re: FanFiction and Copyrights
From: Wing Wong
Date: 12/9/1997, 4:37 PM
To: Fanfic Mailing List

Hi all, ^_^

Hmm.. after having read through snippets of Florencio's replies to John Biles
post on the big (C), I've the following to note. ^_- [If this is spammy,
please forgive me and spare my soul!!!! {no sarcasm meant. ^_^;;}]

>From what I understand, Copyrights are created the moment something is made or
copied. But you guys and gals know that already.

Rights belong solely to the person who created it unless the work was created
via contract for another or while under the employment of someone else.

Anyways, Biles is right about not being able to claim copyright on something
you made which infringes on a copyright. That is, unless the original author
gave you permission to do so. {Get it in writting if you can. ^_-}

As far as not making money on it reducing the incentive to sue, I have to
differ on John's stand there. If I held a copyright on an image or a key
character and marketted it. However, Freedom Troupe and their friends are all
making Free copies of my images and distributing them as flyers, web pages and
what not, even if they did not charge or will never charge, that will hurt my
business and my profitability as well as infringe massively on my copyright as
that would mean people would be detracted from obtaining material from me. In
other words, The freedom troupe and friends have more or less ruined someone's
chance to make money on something they worked hard to create. BUT!!! {Please
don't kill me here!!}

But, that is an exageration. However, we do see examples of such and so it is
quite important. How the judge may rule will most likely be the result of the
quality of acting in the courtroom, but in my humble opinion, free
distribution in no way detracts or reduces the incentive to sue. This however,
is dependent on a case by case basis.

An added note on the sueing or not sueing bit. {Sorry for the misspellings..
^_^;} If the copyright holder DOESN'T defend their copyright when they know
people are infringing upon it, then that copyright holder is in a sense giving
up their right to enforce that right. Ie. If you are part of the Freedom
Troupe. ^_- And you asked for permission, were denied or you knew that they
did not want people using their material and said. "HECK!" and did anyways,
you will be sued.

However. If you are NOT sued, then the true copyright holder will have a
harder time enforcing his or her copyright later on and collecting damages
since that person didn't enforce it the first time.

Hence.. If I was holding the copyright to a particular story, I had made it
clear in the story that it was not to be copied in any way shape or form or
used in another person's work without my prior approval and signed agreement
to such a usage and you do, then if/when I find out about this, I MUST sue you
or bring charges against you at the earliest time convenient to myself as
practical and legally possible or else my ability to sue will be lessened.

Whoa.. long sentences. Sorry. ^_^;

But if in doubt, one should ask the original creator/copyright holder, whoever
has the legal precedence. The various anime fanfics here don't hurt the
industry because our fanfics encourage people to watch the anime's themselves.
HOWEVER, how many of you have actually asked for permission from the copyright
holders? Hmm...? ^_- But who am I to say anything? ^_^;;

I just hope I won't be banned for posting something which everyone probably
knows already. GOMEN!!! ^_^;

But there is one thing which is quite sad and important. The works created
here.. the fanfics which depict characters and such from established
copyrighted materials such as anime and manga cannot themselves be
copyrighted. Ie. You guys and gals are all working on an honor-system. As far
as the government is concerned, you are all rebels. ^_- Doncha feel cool?
*chuckles*

Anyways, enough meaningless posting by me for now. Time to lurk for another
few months and make my one post in a lifetime thing. ^_- Be cool to each other
and have a good holiday!!!!!!! And yes! Keep writing. ^_- We like to read. :pp

Kairu aka {something else :ppp}