Subject: Re: [FFML] [Advice/Discussion] Disclaimers/Copyright
From: "Omnedon" <jallen9@idt.net>
Date: 5/6/1998, 8:45 PM
To: ffml@fanfic.com


I've thought about it, and I disagree that MST's are parodies. Quoting
the American Heritage Dictionary's definition: "A literary or artistic
work that broadly mimics an author's characteristic style and holds it
up to ridicule."

I don't see that MSTs, at least the one I'm concerned with, do this.

Perhaps some may not, but in a broad sense, a parody is exactly what an MST 
is.  That does not say that there are not bad MST's done (as I recall, the 
original MST3K usually pointed out continuity errors and groused about 
over-applied cliche or predictability).

To me, a MST is just a scathing review which quotes a work *in its
entirety* and which may pad that review with inserted comedic
vignettes.

Depends on who wrote the MST...  Not all will use the whole text, and some are 
rather useful in pointing out plot discrepancies.

Still, I suppose this does boil down to whether my derivative work has
any amount of copyrightability. Harold Ancell also said:
I'm not sure how copyright law applies between the original and your
work.
<cut>
Either way, you own the copyright to your own literary works.  You
may not be able to legally do anything with your works due to
the rights of the originators, but you still own them.
<cut>
What Harold's saying sounds right to me (I've tried to keep up on
copyright information over the years because of my writing but I am not
claiming to be an expert!). At least, it's enough to cast some doubt on
what some other people have said (namely that *none* of my work is
copyrightable because it's too derivative).
<cut>

Copyrightability is (almost) never in question.  If you wrote something, you 
own it.  As far as what one can do with ownership of derivative works, that 
will almost always be questionable.

In a formal court, fan-fiction in entirety is illegal.  In reality, any author 
would be hard pressed to demonstrate damages due to the use of characters in 
fan-fiction.  Any attempt to sell fan-fiction, would result in demonstable 
damages, and thus legal liability.  Since we do not 'sell' fics, we are 
tolerated, but tolerance does not equal legality.

One very important aspect is citation of sources.  Even under "Fair Use" you 
are required to cite your sources.  I personally find it rather alarming that 
an increasing number of fics are released with "put standard disclaimer here" 
or "you know who owns these characters".  No name equals no respect.

I guess all I can do is add the 'please don't mist this' tag and if it
gets done again, complain a lot. <shrug>

Who knows, it might even work.

Legally there is nada you can do to prevent MSTing of your fics.  If your work 
were 100% original, you could protect it for 17 years (although under certain 
circumstances, such as ongoing publication, you can protect it for 50 
years...).  By its very nature, fan-fiction is a legal gray area.

James Allen
Aneris Press
http://idt.net/~jallen9/aneris.html