Date: Fri, 24 Apr 1998 10:26:14 -0400
From: Nightman <nightman@provide.net>
Reply-To: nightman@provide.net
To: FFML <ffml@fanfic.com>
Subject: [FFML] [Advice/Discussion] Disclaimers/Copyright
<snip all but the core question>
Even though I'm using some characters & situations created by another
person, I'd say at least 90-95% of my fanfic is my own original work.
As
such, while it wouldn't be legit of me to SELL it since it has
derivative elements, at least the original material is still under my
copyright, correct? So doesn't that mean that I have the right to
control it? To prevent it from being reposted without my permission and
(most importantly to me) to forbid it from being MiSTed?
Nope. Not a bit of it, really. So long as they give you credit as the
author, a court would most likely rule that the MST falls under the fair
use/parody section of copyright law, meaning you wouldn't be able to do
anything about it, anyway. If the product was something you could
legally sell, then you might be able to argue that you had suffered
damages because the MST redid the entire fic, then you lost income.
However, on a non-profit gig like fanfiction, you are out of luck.
At least, that's my interpretation of my Media Ethics & Law class....
Nightman
*testing the sturdiness of the limb he's sitting on*
*snap* Sorry.
--Freemage
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