HIGHLA-L Digest - 6 Jul 2001 to 7 Jul 2001 - Special issue (#2001-181)

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      There are 21 messages totalling 872 lines in this issue.
      
      Topics in this special issue:
      
        1. ATTN: All Fan Fic writers (21)
      
      ----------------------------------------------------------------------
      
      Date:    Sat, 7 Jul 2001 00:32:25 -0400
      From:    Dragon Lady <dragonlady@darkmage.net>
      Subject: Re: ATTN: All Fan Fic writers
      
      You do realize that fan fiction is a copyright violation to begin with? You
      can't copyright a story in which some characters, ideas, plots, etc are
      already the property of someone else (unless they've given permission for
      the use, as in the HL novels).
      
      Not saying this is the case here (could be an original story), but fan fic
      authors who use characters, plot, etc don't have a case in copyright
      litigation (and legally can NOT copyright a story that is NOT completely
      original) and risk the ire of the copyright holders ... who could in turn
      sue everyone.
      
      --DL
      
      
      
      At 7/6/01 09:30 PM, you wrote:
      >A few friends of mine had someone plagiarize a story of theirs, foolishly
      >enough a copyrighted story. They are taking legal action now, but they've
      >also started an anti-plagiarism site that if anyone is interested in
      >should check out. It'll help bring out more awareness to something very
      >serious. You can visit the site at:
      >http://www.fightplagiarism.cjb.net/
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 10:28:45 +0100
      From:    "John Mosby (B)" <a.j.mosby@btinternet.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      Dragon Lady points out the legal side of this. Technically you are playing
      in someone else's sand-pit and therefore the characters and situations
      cannot be copyrighted by you in any way. There was a long discussion about
      this on the alt.tv.highlander list sometime ago. FanFic can only survive if
      it can fly under the radar of TPTB. Otherwise they could be obliged to sue a
      FanFic writer - not because they wnant to, but because an infringment of
      copyright has occured and they may need to set an example for any legal case
      involving larger infringment.
      
      To my knowledge that's never happened and no-one (on either side) wants it
      to, but it's always a point to remember. If YOU create a character and
      another fan uses it without your permission and in a
      way/style/attitude/sexuality you never intended, you'd be annoyed too. You
      might have to draw a line in the sand.
      
      On the other hand, it is the laziest of writers who steals whole works
      outright. Fanfic often requires no less talent than *official* pieces of
      work and for someone to come along and simply change a few words and then
      pass it off as their own is a cheap and rather stupid idea in itself.  It
      doesn't make you a writer, just a cheap imitator and such people are often
      exposed for that.
      
      Write because you like writing. Write because you like the subject-matter
      and you feel you have stories that need to come from your pen or keyboard.
      Write for yourself and then be pleasantly surprised when it entertains
      others.
      
      The rest is the space between the lines.
      
      AJM
      
      
      ----- Original Message -----
      From: "Carrie V. Key" <reeana1@HOME.COM>
      To: <HIGHLA-L@LISTS.PSU.EDU>
      Sent: Saturday, July 07, 2001 2:30 AM
      Subject: [HL] ATTN: All Fan Fic writers
      
      
      Hey everybody. Sorry for the cross post and the OTness, but I had to share
      this with you all. I know there are a lot of fan fic writers out there and I
      wanted to bring this to your attention. A few friends of mine had someone
      plagiarize a story of theirs, foolishly enough a copyrighted story. They are
      taking legal action now, but they've also started an anti-plagiarism site
      that if anyone is interested in should check out. It'll help bring out more
      awareness to something very serious. You can visit the site at:
      http://www.fightplagiarism.cjb.net/
      
      I urge everybody who is a fan fic writer to do so. And if I wasn't suppose
      to put this on any of these lists, I am prepared to take my lashes from the
      list gods as they see fit:).
      ---
      Carrie Key
      reeana1@home.com
      vatazes@home.com
      http://members.home.net/reeana1/my_domain.htm
      http://members.home.net/vatazes/welcome.htm
      http://www.angelfire.com/celeb2/hornygurlz/index.htm
      LadyReeana, Ana Vatazes, Javina Jinn,
      PWFC, OFEB, QJEB, Clan of the Eternally Clueless,
      Proud Owner of 'Oasis Bathing Ardeth' Clone #1
      "Tas! You Doorknob!" Flint Fireforge, Dragonlance
      "I came, I saw, I broke a hip." Johnny Bravo
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 10:35:41 +0100
      From:    Jette Goldie <jette@blueyonder.co.uk>
      Subject: Re: ATTN: All Fan Fic writers
      
      John Mosby points out:
      
      > Write because you like writing. Write because you like the subject-matter
      > and you feel you have stories that need to come from your pen or keyboard.
      > Write for yourself and then be pleasantly surprised when it entertains
      > others.
      >
      > The rest is the space between the lines.
      
      Amen!  (and according to my friends who are published
      authors, this rule applies to original fic too <g>)
      
      Jette
      Glory may be fleeting, but obscurity is forever!
      bosslady@scotlandmail.com
      http://www.jette.pwp.blueyonder.co.uk/fanfic.html
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 08:50:36 EDT
      From:    Bizarro7@aol.com
      Subject: Re: ATTN: All Fan Fic writers
      
      The issue here is plagerism of an original idea. The violation is one of
      originality. Over the past 30 years, I've seen instances before where one fan
      "author" or another had lifted an entire plot (and even dialogue) from
      another fan's story (sometimes in a different fandom) and published it
      themselves, with no acknowledgement. I even remember one fan who used to lift
      the entire stories, unchanged, and print them (complete with illustrations)
      in their own fanzine, only removing the author and artist names and
      pretending it's their own work! And I've seen fan authors steal entire plots
      and dialogue from professional paperbacks. About the only thing you can do is
      publicly point out the plagerism and embarass the so-called author for
      scheming to live off the recognition of someone else's labor and talent.
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 09:31:17 -0400
      From:    "Carrie V. Key" <reeana1@home.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      ----- Original Message -----
      From: <Bizarro7@aol.com>
      To: <HIGHLA-L@LISTS.PSU.EDU>
      Sent: Saturday, July 07, 2001 8:50 AM
      Subject: Re: [HL] ATTN: All Fan Fic writers
      
      
      > The issue here is plagerism of an original idea. The violation is one of
      > originality. Over the past 30 years, I've seen instances before where one
      fan
      > "author" or another had lifted an entire plot (and even dialogue) from
      > another fan's story (sometimes in a different fandom) and published it
      > themselves, with no acknowledgement. I even remember one fan who used to
      lift
      > the entire stories, unchanged, and print them (complete with
      illustrations)
      > in their own fanzine, only removing the author and artist names and
      > pretending it's their own work! And I've seen fan authors steal entire
      plots
      > and dialogue from professional paperbacks. About the only thing you can do
      is
      > publicly point out the plagerism and embarass the so-called author for
      > scheming to live off the recognition of someone else's labor and talent.
      
      
      Too true. Everyone brings up valid points. In a lot of cases it is the fan
      fic writers themselves that are in violation of the copyright laws (hence
      the problem w/ a lot of Star Wars fan sites in the last few years). But the
      story my friends wrote is a legally copyrighted story that used a person's
      real life story (w/permission) and added a music star to it. They posted it
      on their site and it was stolen. Fan fic writers may have fewer rights when
      it comes to copyrighting, but they can still copyright their stuff. I know
      quite a few who have. I've written a few fan fics in my time and I know I
      strive for originality. Don't know if I make it. But I don't like just
      taking someone else's work and copying it word for word. The Highlander fics
      I've written just use the characters and ideas. I've seen some writers do
      the above mentioned things. I've seen some of them slapped with lawsuits
      believe it or not. I've seen some of them not even be bothered by the
      negative attention they received and they continue to do it. It is a
      problem, irregardless of the legalities. And I just wanted to share the site
      with you guys since I know we have a lot of fan fic writers on list.
      
      ---
      Carrie Key
      reeana1@home.com
      vatazes@home.com
      http://members.home.net/reeana1/my_domain.htm
      http://members.home.net/vatazes/welcome.htm
      http://www.angelfire.com/celeb2/hornygurlz/index.htm
      LadyReeana, Ana Vatazes, Javina Jinn,
      PWFC, OFEB, QJEB, Clan of the Eternally Clueless,
      Proud Owner of 'Oasis Bathing Ardeth' Clone #1
      "Tas! You Doorknob!" Flint Fireforge, Dragonlance
      "I came, I saw, I broke a hip." Johnny Bravo
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 12:27:07 EDT
      From:    Ashton7@aol.com
      Subject: Re: ATTN: All Fan Fic writers
      
      In a message dated 7/7/01 5:29:03 AM Eastern Daylight Time,
      a.j.mosby@btinternet.com writes:
      
      <<  FanFic can only survive if
       it can fly under the radar of TPTB. Otherwise they could be obliged to sue a
       FanFic writer - not because they wnant to, but because an infringment of
       copyright has occured and they may need to set an example for any legal case
       involving larger infringment. >>
      
      Actually, this is a legal gray area that has never been tested in court. You
      can not copyright a character or the name of a character, for instance. You
      can only trademark it... and even then you have legal recourse only if you
      can prove that the person using "your" trademarked name has in some way cost
      you money or confused the public into thinking they are offering your
      product.
      
      Original fan fiction stories can be copyrighted just as easily as any other
      work of fiction. That copyright is completely legal and will stand up in
      court if someone steals your work. The issue of whether or not the *original*
      copyright holder of, say, Highlander could then sue the fan fiction writer
      for infringing *their* copyright is a different issue altogether.
      
      Annie CWPack
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 09:44:16 -0700
      From:    Lynn <lloschin@sprynet.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      From: "Carrie V. Key" <reeana1@home.com>
      
      > Fan fic writers may have fewer rights when
      > it comes to copyrighting, but they can still copyright their stuff.
      
      Anyone can claim copyright to almost anything.  If the material is
      copyrightable, all it takes is writing it down, and voila, it's
      copyrighted.  The problem with fanfic is that it's not copyrightable.
      Getting a certificate from the Copyright Office requires nothing more
      than sending in two copies, a one-page form and a check for $20.  That
      doesn't mean the copyright is valid; it's not, and if ever challenged,
      the fanfic writer would lose.  I think any fanfic writer who attempts
      to get a copyright certificate is a blooming idiot, but hey, it takes
      all kinds.
      
      >I know
      > quite a few who have.
      
      Who?
      
      >I've written a few fan fics in my time and I know I
      > strive for originality. Don't know if I make it. But I don't like
      just
      > taking someone else's work and copying it word for word. The
      Highlander fics
      > I've written just use the characters and ideas.
      
      That doesn't matter.  The "universe" isn't yours and you can't
      copyright material based in the Highlander universe -- period.
      
      >I've seen some writers do
      > the above mentioned things. I've seen some of them slapped with
      lawsuits
      > believe it or not.
      
      In the context of fanfic?  I'm not aware of any such lawsuit, but I'd
      be more than interested to learn the circumstances -- please tell me
      when and where such lawsuits were filed.
      
      >It is a
      > problem, irregardless of the legalities. And I just wanted to share
      the site
      > with you guys since I know we have a lot of fan fic writers on list.
      
      But you can't separate the "legalities" when you're talking about
      filing a lawsuit against someone.
      
      Any fanfic writer who sued another fanfic writer for violating their
      "copyright" would lose -- period, no question.  The fanfic writer has
      *no* copyright to protect on any work of fanfic.  None.  They'd also
      probably bring themselves to the attention of TPTB and find themselves
      on the business end of a cease and desist letter.
      
      Problems like plagarism among fans can only be handled informally
      among fans, as Leah suggested.  Anything else would be fruitless and
      ultimately self-defeating.
      
      Lynn
      
      Mailto: lloschin@sprynet.com
      Web: http://home.sprynet.com/~lloschin
      ICQ#: 308138
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 09:57:28 -0700
      From:    Lynn <lloschin@sprynet.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      From: <Ashton7@aol.com>
      
      > Actually, this is a legal gray area that has never been tested in
      court. You
      > can not copyright a character or the name of a character, for
      instance.
      
      Uh... I don't think this is all that clearly established as far as a
      character (not the name, but the character itself).  The last cases
      that address this go back to the early 20th century, they reach mixed
      conclusions and aren't very clear one way or the other.  IMO this is a
      big reason why the James Bond case settled... neither studio wanted to
      litigate this issue.
      
      > Original fan fiction stories can be copyrighted just as easily as
      any other
      > work of fiction. That copyright is completely legal and will stand
      up in
      > court if someone steals your work. The issue of whether or not the
      *original*
      > copyright holder of, say, Highlander could then sue the fan fiction
      writer
      > for infringing *their* copyright is a different issue altogether.
      
      I would really disagree... I think the best argument that fanfic isn't
      a copyright violation is that it's a fair use.  But the fact that you
      can use a copyrighted work as a fair use doesn't entitle you to
      establish independent rights in the work that incorporates the
      fairly-used work.  If you were able to establish such rights, you
      could then turn around and sue TPTB for infringing on your copyrighted
      fanfic... and I don't see that happening.  In other words, there's a
      big difference between not infringing and being accorded rights of
      your own.
      
      Intellectual propery law largely uses forms of equitable relief as
      remedies... and equitable remedies must be fair and just.  I think you
      would have a darned hard time convincing a federal judge that you
      should be able to stop someone else from using a part of your work,
      which infringes someone else's copyright unless it's excusable as a
      fair use.
      
      If a judge ever did by that argument, it would happen exactly once,
      because Congress would amend the Copyright Act so fast your head would
      spin.
      
      Lynn
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 13:16:20 -0400
      From:    Sandy Fields <diamonique@earthlink.net>
      Subject: Re: ATTN: All Fan Fic writers
      
      At 09:31 AM 07/07/01, Carrie V. Key wrote:
      
      >Too true. Everyone brings up valid points. In a lot of cases it is the fan
      >fic writers themselves that are in violation of the copyright laws (hence
      >the problem w/ a lot of Star Wars fan sites in the last few years). But the
      >story my friends wrote is a legally copyrighted story that used a person's
      >real life story (w/permission) and added a music star to it. They posted it
      >on their site and it was stolen.
      
      I've been following this thread.  Interesting.  But this bit of info has me
      just a tad confuzzled.
      
      The work that was 'stolen' was an original work using original characters,
      and was legally copyrighted.  I got that part.  But then my question is...
      why was your original message addressed to fanfic writers?  What does this
      have to do with them?  They're already playin in someone else's universe
      using someone else's characters.
      
      The original work that you're specifically talking about.... and the work
      of fanfic writers... is... well... apples and oranges.  Unless I've missed
      a post somewhere, what happened to you and your possible remedies to the
      situation simply don't apply to fanfic writers.
      
      Did I miss something?
      
      -- Sandy
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 13:44:03 -0400
      From:    Dragon Lady <dragonlady@darkmage.net>
      Subject: Re: ATTN: All Fan Fic writers
      
      At 7/7/01 01:16 PM, you wrote:
      >Did I miss something?
      
      Sandy,
      
      I took a look at the site the poster directed us to, and it's a small
      section of an N'Sync fan fiction site. From what the poster said later I'm
      assuming the story in question was original to the point that they used a
      real member of the group. If nothing else, it's a trademark violation -- as
      most celebrities have trademarked their names to avoid unauthorized use and
      endorsement situations.
      
      
      ------------
      Peace and Laughter,
      --DL
      
      The light at the end of the tunnel may be an oncoming dragon.
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 18:52:11 +0100
      From:    "John Mosby (B)" <a.j.mosby@btinternet.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      Annie wrote:
      
      >You cannot copyright a character or the name of a character, for instance.
      You
      > can only trademark it... and even then you have legal recourse only if you
      > can prove that the person using "your" trademarked name has in some way
      cost
      > you money or confused the public into thinking they are offering your
      > product.
      
      Okay, colour me confused.....If YOU created a character and trademarked it,
      would you or would you not have the slightest problem with me going: "Hey,
      what a great character, think I'll use them in my work that I'm going to
      make available to 50,000 people, but hey let's make them a murderer, a
      rapist, change their sexuality"  or make them do something that you find
      inappropriate to your original vision???  I'm guessing I'd hear a very
      forthright opinion from you from a continent away!
      
      > Original fan fiction stories can be copyrighted just as easily as any
      other
      > work of fiction. That copyright is completely legal and will stand up in
      > court if someone steals your work. The issue of whether or not the
      *original*
      > copyright holder of, say, Highlander could then sue the fan fiction writer
      > for infringing *their* copyright is a different issue altogether.
      
      Hold on...you're saying that a fan-fiction writer could sue over the misuse
      or illegal copy of the work s/he does, but that there's some much grey-er
      area when it comes to the person who originally created the character doing
      the same to the fan-fiction writer????Absolutely the same issue at least on
      a moral level. We can argue the difference between (tm) and (c) but
      essentially they are there to do the same thing which is to prevent people
      doing what they want with your hard work or claiming it as their own.
      
      If someone copies your work you can stomp and scream (rightly so), but if
      the characters you are using aren't yours there's nothing you can do about
      it legally (after all, as you said you'd have to prove financial loss and if
      you were earning money from someone else's creations YOU are already
      breaking the law!!!)
      
      We've gone over this plenty of times on ATH, but the essential truth is
      this. You can write whatever you want about any character you want for your
      own amusement. The estate of Sherlock Holmes or Davis Panzer cannot touch
      you for honing any writing skills you may have on any creation you choose.
      No law has been broken and no real moral boundary crossed. However the
      minute you start circulating the stories, there's a change in the
      circumstance and if you charge for your fan-fic/fanzines ( I seem to recall
      quite a few ads for such) then you are making money - even if its only cents
      or pence. That might well be enough to take legal action IF someone felt so
      inclined.
      
      Fan-fic is relatively harmless and I think most  (c)holders would be
      shooting themselves in the foot to try and regulate it to such an extent
      that it pissed off the fans.  party-popper and I've often gone toe-to-toe
      with the lieks of Donna and Gillian on the common-sense side of the fanfic
      equation and the stupidity of silencing a useful section of the
      fan-base...but they have every right to do so if they think it affects their
      original product in a negative way.
      
      The bottom line is: You can't say you have the legal right to takle a fellow
      fan-fic writer and say TPTB have any less right to do the same.  You are
      playing with characters that someone else spent time and money creating and
      marketing -  and you do so because you love the characters.  If you want to
      have the ultimate and legal right to do what you will, create your own
      universe.... but always ask yourself how YOU would react when someone else
      wants to play with YOUR toys.
      
      Otherwise this smacks of 'do what I say, not what I do' on a moral level at
      least. That's always a good level to start from...
      
      John Mosby
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 14:09:20 -0400
      From:    Sandy Fields <diamonique@earthlink.net>
      Subject: Re: ATTN: All Fan Fic writers
      
      OK here's a question.
      
      Let's say a fanfic writer does a Highlander story.  The characters and the
      universe are, of course, the property of someone else.  But the story,
      plotline, etc. popped out brand new and fresh from the mind of the fanfic
      writer.  Then someone else comes along, steals the story. This new work is
      still set in the HL universe, is almost a word-for-word copy of the first
      fanfic writer's story, but it uses all original characters... no P/D
      characters at all.
      
      I know the first fanfic writer can't go after the second one for using the
      HL universe, but can s/he go after the second writer for stealing his/her
      original story?
      
      I understand it would be a pretty ridiculous use of time and money to do
      so, but technically... is it possible?
      
      -- Sandy
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 14:29:20 -0400
      From:    Dragon Lady <dragonlady@darkmage.net>
      Subject: Re: ATTN: All Fan Fic writers
      
      At 7/7/01 02:09 PM, you wrote:
      >I know the first fanfic writer can't go after the second one for using the
      >HL universe, but can s/he go after the second writer for stealing his/her
      >original story?
      
      No because the first story is not "original" ... you can NOT claim
      ownership to something that is NOT yours to claim. So if your story is
      yours but the characters aren't ... the story really isn't yours.
      
      If I wrote a story about Sherlock Holmes solving a mystery that Sir Doyle
      never thought of, it still wouldn't be "my" story. Because the character
      drives the plot and the plot is dependent on the character and
      characterizations (how he solves the mystery, etc.). So I also couldn't
      take a plot from Sir Doyle's stories and just change the names.
      
      This is not a grey issue ... characters that belong to someone else can not
      be used without permission ... if you do, you're committing
      copyright/trademark infringement (provided the works aren't in the public
      domain). Titles can not be copyrighted, characters and plots can.
      
      --DL
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 14:38:12 -0400
      From:    Sandy Fields <diamonique@earthlink.net>
      Subject: Re: ATTN: All Fan Fic writers
      
      At 02:29 PM 07/07/01, Dragon Lady wrote:
      
      >So if your story is yours but the characters aren't ... the story really
      >isn't yours.
      
      OK.  That's exactly what I was asking.  Thanks for the clarification.
      
      -- Sandy
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 11:35:20 -0700
      From:    Lynn <lloschin@sprynet.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      > Let's say a fanfic writer does a Highlander story.  The characters
      and the
      > universe are, of course, the property of someone else.  But the
      story,
      > plotline, etc. popped out brand new and fresh from the mind of the
      fanfic
      > writer.  Then someone else comes along, steals the story. This new
      work is
      > still set in the HL universe, is almost a word-for-word copy of the
      first
      > fanfic writer's story, but it uses all original characters... no P/D
      > characters at all.
      >
      > I know the first fanfic writer can't go after the second one for
      using the
      > HL universe, but can s/he go after the second writer for stealing
      his/her
      > original story?
      
      My feeling (not to be confused with legal advice, which it isn't) is
      no... I don't think you can separate elements of a work like that.
      Either a work is copyrightable or it isn't -- and because it's set in
      the HL universe and uses HL characters, IMO the first work isn't
      copyrightable.
      
      If your work is so original and the HL universe elements and
      characters are so peripheral that they really aren't integral to the
      story, then IMO the writer would be far better off writing it as an
      original story.  There are many ways to be set up immortality as a
      plot device outside the HL universe.
      
      It's certainly been done before... there's a published romance novel
      out there that started its life as a fanfic story in another fandom.
      And of course that novel is entitled to complete copyright protection.
      
      Lynn
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 14:42:36 -0400
      From:    Trilby <trilby23@bellsouth.net>
      Subject: Re: ATTN: All Fan Fic writers
      
      From:                   Lynn <lloschin@sprynet.com>
      
      > It's certainly been done before... there's a published romance novel
      > out there that started its life as a fanfic story in another fandom.
      > And of course that novel is entitled to complete copyright protection.
      
      OK, you knew *someone* was going to ask, and it might as well
      be curious me.  What novel, what author, what fandom?
      
      
      -------------------- Trilby
        "Please don't tell my mother I'm a social worker. She thinks
           I play the piano in a whorehouse."
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 15:30:51 -0400
      From:    "Carrie V. Key" <reeana1@home.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      ----- Original Message -----
      From: Sandy Fields <diamonique@EARTHLINK.NET>
      > The original work that you're specifically talking about.... and the work
      > of fanfic writers... is... well... apples and oranges.  Unless I've missed
      > a post somewhere, what happened to you and your possible remedies to the
      > situation simply don't apply to fanfic writers.
      >
      > Did I miss something?
      >
      
      The story itself is considered fan fiction. Fan Fiction is a story written
      by a fan. You can branch that off into many different areas, but that's the
      basis behind it. This movement was started not to really encourage
      copyrighting of fan fic stories, but to bring out more awareness of
      plagiarism and that in general isn't a nice thing to do to people,
      copyrighted material or not. Now weather or not people believe that fan fic
      holds any credibility towards anything, is up in the air, with way too many
      opinions on the issue.
      
      If you ever make your way over to Fan Fiction Net (www.fanfiction.net) you
      will see various cases in point of true plagiarism and cases in point of
      great works of fiction. I'm willing to bet that most of the people that
      write fan fiction aren't there for any great notoriety, or to make some sort
      of profit off of anything. They are there for fun and enjoyment. As with
      most fan websites, fan fiction writers normally attach disclaimers to their
      stories pointing out what they created and what they didn't and give credit
      to those that did. This doesn't mean that they will be excused from legal
      action is someone so chooses to. By giving the credit, one does hope that
      legal action wont happen.
      
      ---
      Carrie Key
      reeana1@home.com
      vatazes@home.com
      http://members.home.net/reeana1/my_domain.htm
      http://members.home.net/vatazes/welcome.htm
      http://www.angelfire.com/celeb2/hornygurlz/index.htm
      LadyReeana, Ana Vatazes, Javina Jinn,
      PWFC, OFEB, QJEB, Clan of the Eternally Clueless,
      Proud Owner of 'Oasis Bathing Ardeth' Clone #1
      "Tas! You Doorknob!" Flint Fireforge, Dragonlance
      "I came, I saw, I broke a hip." Johnny Bravo
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 12:33:37 -0700
      From:    Lynn <lloschin@sprynet.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      From: "Trilby" <trilby23@bellsouth.net>
      
      > > It's certainly been done before... there's a published romance
      novel
      > > out there that started its life as a fanfic story in another
      fandom.
      > > And of course that novel is entitled to complete copyright
      protection.
      >
      > OK, you knew *someone* was going to ask, and it might as well
      > be curious me.  What novel, what author, what fandom?
      
      Sorry... not telling.  I doubt the author wants it to be public
      knowledge.
      
      Lynn
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 15:36:51 EDT
      From:    Ashton7@aol.com
      Subject: Re: ATTN: All Fan Fic writers
      
      In a message dated 7/7/01 2:29:22 PM Eastern Daylight Time,
      dragonlady@darkmage.net writes:
      
      << This is not a grey issue ... characters that belong to someone else can not
       be used without permission ... if you do, you're committing
       copyright/trademark infringement (provided the works aren't in the public
       domain). Titles can not be copyrighted, characters and plots can. >>
      
      A character can *not* be copyrighted. It can only be trademarked (such as has
      been done with the character of Luke Skywalker within the context of the Star
      Wars universe).
      
      You needn't take my word for things. Refer to copyright law and intellectual
      propery lawyers for yourself:
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 15:38:35 EDT
      From:    Ashton7@aol.com
      Subject: Re: ATTN: All Fan Fic writers
      
      In a message dated 7/7/01 2:29:22 PM Eastern Daylight Time,
      dragonlady@darkmage.net writes:
      
      << This is not a grey issue ... characters that belong to someone else can not
       be used without permission ... if you do, you're committing
       copyright/trademark infringement (provided the works aren't in the public
       domain). Titles can not be copyrighted, characters and plots can. >>
      
      I think my last message got sent before I was finished. Oh, well. A character
      is basically a "name." You can not copyright a character. Really.
      
      Taken from a copyright website:
      
       These are items that by their very nature are not eligible for copyright
      protection:
      Ideas
      Facts
      Titles
      Names
      Short phrases
      Blank forms
      
      Annie
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 15:37:21 -0400
      From:    "Carrie V. Key" <reeana1@home.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      ----- Original Message -----
      From: John Mosby (B) <a.j.mosby@BTINTERNET.COM>
      To: <HIGHLA-L@LISTS.PSU.EDU>
      Sent: Saturday, July 07, 2001 1:52 PM
      Subject: Re: [HL] ATTN: All Fan Fic writers
      
      
      > Annie wrote:
      >
      > >You cannot copyright a character or the name of a character, for
      instance.
      > You
      > > can only trademark it... and even then you have legal recourse only if
      you
      > > can prove that the person using "your" trademarked name has in some way
      > cost
      > > you money or confused the public into thinking they are offering your
      > > product.
      >
      > Okay, colour me confused.....If YOU created a character and trademarked
      it,
      > would you or would you not have the slightest problem with me going: "Hey,
      > what a great character, think I'll use them in my work that I'm going to
      > make available to 50,000 people, but hey let's make them a murderer, a
      > rapist, change their sexuality"  or make them do something that you find
      > inappropriate to your original vision???  I'm guessing I'd hear a very
      > forthright opinion from you from a continent away!
      >
      
      Having created and written totally original universes before (currently
      trying to get them published) I would honestly be accepting of the fan fic.
      The only problems I see I would have if those out there didn't give me the
      credit due,
      were making money of it or just writing my stuff word for word and slapping
      new names here and there. Some things would make me more unsettled than
      others, but I don't have a lot of room for talk since I am a fan fic writer.
      
      >
      >
      > Fan-fic is relatively harmless and I think most  (c)holders would be
      > shooting themselves in the foot to try and regulate it to such an extent
      > that it pissed off the fans.  party-popper and I've often gone toe-to-toe
      > with the lieks of Donna and Gillian on the common-sense side of the fanfic
      > equation and the stupidity of silencing a useful section of the
      > fan-base...but they have every right to do so if they think it affects
      their
      > original product in a negative way.
      >
      
      Fan fic is harmless and I've seen where it can help increase the fan base of
      some shows, movies or books. Just like everything on our wonderful planet,
      there is a good side to it and a bad side.
      
      ---
      Carrie Key
      reeana1@home.com
      vatazes@home.com
      http://members.home.net/reeana1/my_domain.htm
      http://members.home.net/vatazes/welcome.htm
      http://www.angelfire.com/celeb2/hornygurlz/index.htm
      LadyReeana, Ana Vatazes, Javina Jinn,
      PWFC, OFEB, QJEB, Clan of the Eternally Clueless,
      Proud Owner of 'Oasis Bathing Ardeth' Clone #1
      "Tas! You Doorknob!" Flint Fireforge, Dragonlance
      "I came, I saw, I broke a hip." Johnny Bravo
      
      ------------------------------
      
      End of HIGHLA-L Digest - 6 Jul 2001 to 7 Jul 2001 - Special issue (#2001-181)
      *****************************************************************************
      
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