lurkinghorror Wrote:
Again, the point is that if the license holder was inclined, they could order a cease and desist on you. Obviously, that would be a stupid precedent to set, as fan communities breathe life into intellectual properties. Subsequently, minor violations are not only often ignored, but also encouraged. And again, I'm not saying that what you do (as way of an example) is a problem. In fact, most copyright holders see it the other way. But when you take something like a fan reinterpretation of the property itself, and release the property in it's majority, then you cross over into something that is a larger issue. This is why it is actually important to remember that copyright violation on any level is illegal. It is easy to grow accustomed to the liberties generated by the standard approach of non-interference. But that is not synonymous with legality. |
You AREN'T planning to beat a path to MY door and do something nasty to me, are you...? ^^;;;
| I have to confess, the substitution of Japanese words for English drives me crazy sometimes. I assume you mean small press? That is what the term literally means. The fanfiction elements would only encompass a small part. But even then, we still have a words for such things. |
I didn't know what would be the English equvalant. ;_; I was talking about something that is both written and drawn by a fan. The core "cannon" characters and things would be in there, but it would feature different (And sometimes alternate) storylines and different artwork. The different artwork is usually produced by the writter or an artist/writter collaberation.
| If I discovered that someone was creating fan comics off of my creations and making a profit without payment or permission, I would sue them if I had the resources. I would also wish them physical harm in the most violent of manners. Some companies ignore this sort of thing as it's a form of free advertisement for them. Other companies will order a cease and desist. Some will sue you for damages. Legal dealings cost money. And any company wishing to enforce their copyright has to pay. If the damages are construed as minimal, then a company will not pursue this. Never mistake a lack of legal action with legality though. |
I'm not... or not really. I've just been through a law course so I sorta have a rough idea of things. (The law in the States confuses me, however. ;_; ) But it would be kinda stupid for a company to pursue this unless it were major. They'd lose more in court fees than they would gain in winning.
Okay.... and note to self... don't piss of Lurk unless you have weapons of mass destuction on hand, electric sharks, an army of evil dancing banana men, and your very own evil dictator.......
| In music, we already saw this argument play out in the late 80's. Artists like Vanilla Ice lifting direct from David Bowie. MC Hammer was another. Illegal sampling was everywhere, simply because no one thought there was anything wrong with it. But there is. It's theft and many court cases were fought over it. As for CafePress and the like, I really have no dealings with these and cannot directly comment. But if a portion is being paid to the copyright holders and these are being produced with the copyright holders permission, then it is obviously legal. If it is being done without, then it is illegal. |
I think they would be paying a certain fee to an organization which would give it to the copywrite holders. I know of SOCAN (it does music here in Canada) does something like this. Pay your fee to them and you can that song or something. I know DJs have some sort of clearance with SOCAN. Like I said.... I'm not sure with other stuff. And I definately not sure with the States. I think they might have their own SOCANs for things, but I'm not sure. ^^;
~Kamui.EXE
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