On Thu, 2 Apr 1998, Tonbo wrote:

Ano ...

So, if we have to get a ficwriter's permission to use them in a filk, do we
have to get their permission to use them in a spam?  What about if they have
self-inserted into an anime fic?  Do we have to get their permission in order
to use them as a charcter in that same anime universe?  After all, now they're
a character instead of simply a persona.  What?  We have to get permission in

No, they're still a real person, who happened to write a story with
themself in it.  

order to continue a ficwriter's scenario in any way?  We have to ask if it's
okay before doing sequels or side-stories to a ficwriter's personally created
scenario?  Then why don't we have to get permission from Japanese manga artists
in order to write fanfiction to begin with?  Oh!  You mean we *do* have to get

If we wanted to do it legally, yes.  Technically, we're all violating the
law.

permission from them in order to use their charcters or persona in our
stories?  Why *don't* we then?  Oh, we only need to get original authors' or
artists' permission if we plan to make *money* from anything related to their
work?

No.  it's still illegal.  They're just less likely to sue.


  Then, why don't we have to get permission from other ficwriters to use

them or their characters *only* if we plan to make *money* off of their
creations or persona?  That's different, you say?  How?  If I take a picture of
you, will it *really* steal your soul?  If I depict you as a murdering rapist
in one of my fics, can it be submitted in court to convict you of crimes that
happened in the story?  How about if I draw a picture of you in charcoal?  Have

No, but you could have your ass sued into the ground.  

I violated your person or property somehow?

Yes.  you have no right to my image, except for public domain use, such as
news or educational purposes.  

  Or am I merely practicing my

craft?  What if I use watercolors instead of charcoal?  Acrylics?  Crayon?
Ink?  ASCII?  Where *is* the beef, anyway?  How many licks does it take to get
to the center of an oversensitive thread?  If I want to use Inu-Yasha in my
next Ranma fic, do I have to get his permission?  What about if I include Ranma

No, he is imaginary, so you can't ask him.

in my next Inu-Yasha fic?  I know of more than one Ranma fic that has included
the current Japanese Emperer in the cast.  Did he give his consent to allow his
persona be used in such a way?  If not, can he sue the authors of those fics?
If anyone uses me without my permission, can I sue them?  For how much?  Will I

If it was a libel, yes.  

that last one...  Can my little brother disown me someday for using his Plan in
my fic without his permission?  If I change the names of people involved in
real life incidents, and depict those incidents as fictitious events for a
story of mine, can the real people, anonymous up until that point, suddenly
"come out" and sue me for defamation of character?  Is it possible that...

No, because if you don't use their names and it doesn't clearly indicate
it is them, then it isn't them.

... THAT IT'S ALL JUST FANFICTION AFTER ALL!?

No, it isn't.  


John Walter Biles :  MA-History, Ph.D Wannabe at U. Kansas         
ranma@falcon.cc.ukans.edu       
rhea@tass.org              http://www.tass.org/~rhea/falcon.html
rhea@maison-otaku.net      http://www.maison-otaku.net/~rhea/


         "You're the only one I've met who can talk to us, although I've
heard stories of another one in the land full of big green plants
that two-legs use to light fires inside their heads."
--Scruffy Wolf, Parallel Lives 5