----- Original Message -----
From: "Robyn, Duke of Amber" <seraphim@sentex.net>
To: <Battou1028@aol.com>
Cc: <ffml@fanfic.com>
Sent: Thursday, December 30, 1999 10:43 PM
Subject: [FFML] Re: [faq] THE FANFICTION VS. COPYRIGHT
Of course all of ths refers to U.S. Copyright law...
Strangely enough with anime fanfiction you can argue the example of Comic
Market in Japan, an accepted annual violation of copyright law.
If the writerss and animators have a need to defend a copyright of a
trademarked character they would really have to start there or even with
*published* works such as Sailor Moon Lunatic Party Doujunshi.
of course this is a bad example for western writers as the Mouse (tm) and
Bugs, Buster and Babs (no relation) (tm) have threatened action for
things like the "teeny toon" porn pics or evan Microprose with fiction
based on X-com (where, after threatening a lawsuit they put the stories up
on their own web-page.)
I wouldn't Try to use the Comic Market as a defense in US court.
For a couple of reasons.
While it COULD be aruged as "taict" permission by the holders of the
copyright... The problem is very very simple
It IS not taict permission for the US, BY the US copyright holders.
(Which, in the case of Sailor Moon, is DiC and Mixxzine.) Also, Would YOU
want to go into court saying, well they do it in Japan? (My response if I
was the judge is that "That's JAPAN. NOT here.")
In fact, I do know of ONE case (not kidding, about this one. Go check with
Queen's own.) where a WRITER was SUED by a fanfiction writer that wrote in
her universe.
(Mercedes Lacky. That's why she now requires that you get WRITTEN permission
to write fanfiction in her universe, and a second writer (David Weber.)
requires that he DOESN'T see it. {Though I might be tempted to ask him for
permission just to see what he would say...})
Fanfiction in the US, leans towards more of the illegal area, due to that
case. (IF sued, I would TRY the Comicmarket argument, but, I do NOT expect
to win.) It's a gray area no question
(I'm safe on ONE story, mind you... I wrote that piece for an english
class... heh.)
Reading that FAQ, I have to come to the thought, that fanfiction in the US,
per say IS illegal. By the LETTER, of what they said... By the SPIRT, I
would lean towards it being NOT illegal. *Shurgs* Best bet? Take your
chances. Odds are unless YOU sue the copyright holders for "taking" your
ideas (like what happened to Merc. Lacky, not kidding.) they prob. WON'T (at
least most Sf/Fan and Manga) sue you. US based CORPS on the other hand?
Well, I rather not annoy them.
(Thank god most corps rather try to settle it before they have to whip out
the lawyers, so'll they'll warn you first. {Cheaper. heh.})
And I keep reminding myself, esp after reading that... That the Law DOES NOT
make sense. (This isn't the only time I got totally lost trying to fiugre
out the laws... Around in Feb (when I do taxes.) I get a headache also.)
Andrew
Murphy didn't deal with Laws, otherwise, he would have said, "What can go
wrong, will, and what can't, will also."