HIGHLA-L Digest - 7 Jul 2001 to 8 Jul 2001 - Special issue (#2001-183)

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      There are 18 messages totalling 820 lines in this issue.
      
      Topics in this special issue:
      
        1. ATTN: All Fan Fic writers (13)
        2. REUNION (5)
      
      ----------------------------------------------------------------------
      
      Date:    Sat, 7 Jul 2001 20:13:11 -0700
      From:    J Raumo <jraumo@yahoo.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      Lynn wrote about fan fiction:
      
      >I happen to think it's a fair use, personally, if
      it's not done for profit -- but I don't think that
      means you get independent protection from others
      "infringing" on that work, which is how this whole
      topic started. <
      
      Copyright infringement and plagiarism are two distinct
      issues.   It seems to me that the answers to the
      original poster imply that because fan fiction may
      infringe on copyright or trademarks that it has no
      protection from plagiarism.   I disagree.   Let me
      pose a few hypothetical situations.
      
      One: I write a story about Duncan, Methos and
      Cassandra, set in the Highlander universe.   Later I
      learn that DPP has licensed Highlander to Slezo
      Publishing.   Slezo is selling a tie-in collection of
      short stories  which I buy and discover that my story
      is included in the collection.   It’s published
      listing me as the author so it really isn’t plagiarism
      but I never gave my permission for it to be printed
      and I got no compensation for my work.   Slezo is
      profiting from my work.   Do I have a legal case
      against Slezo?   I think I do.
      
      Two: Same story.   I find out that some other author
      has lifted my story, changed the names of Duncan,
      Methos and Cassandra and made them vampires.   The
      story contains complete chapters of text that are
      identical to my story except for the names.   This
      author has published my story under their name as an
      original work of fiction.   They are profiting from my
      work.   Do I have a legal case against this author?
      I think I do.
      
      Three:  Same story.   Cruising the net, I discover a
      Blake’s Seven story that contains pages of dialogue
      from my story.   Do I have a legal case against this
      author?   A moral one?   Well, I’ll answer this one.
      Because no money is involved I doubt that any lawyer
      or court will be interested in ruling on an issue of
      plagiarism.   My only recourse is to ‘out’ the author
      and demand they take down the story.
      
      Four: My story contains a sympathetic OFC.   Cruising
      the local archive I discover my OFC in another
      Highlander story used without my permission.  Do I
      have a legal/moral case against this author?   No
      money is involved and the author has done to me
      precisely what I did when I borrowed Duncan, Methos
      and Cassandra.   If I object, isn’t it a bit
      hypocritical?   Well, it may be hypocritical to object
      but the author of this story violated the etiquette of
      the fan fiction community so I could probably complain
      about this one as well.
      
      DragonLady wrote:
      
      >So if your story is yours but the characters aren't
      ... the story really isn't yours. <
      
      The story really is mine.   I might not have the right
      to profit from it but no one else can profit from it
      either.
      
      Jo Raumo
      
      
      
      =====
      There are some problems in life that can't be solved with triangles. - Albert Einstein to Pythagoras, Red Dwarf
      
      __________________________________________________
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      ------------------------------
      
      Date:    Sat, 7 Jul 2001 20:33:05 -0700
      From:    Lynn <lloschin@sprynet.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      From: "J Raumo" <jraumo@yahoo.com>
      
      
      > Lynn wrote about fan fiction:
      >
      > >I happen to think it's a fair use, personally, if
      > it's not done for profit -- but I don't think that
      > means you get independent protection from others
      > "infringing" on that work, which is how this whole
      > topic started. <
      >
      > Copyright infringement and plagiarism are two distinct
      > issues.
      
      Yes, they are -- and they seem to be getting rather dreadfully mixed
      up here.
      
      > One: I write a story about Duncan, Methos and
      > Cassandra, set in the Highlander universe.   Later I
      > learn that DPP has licensed Highlander to Slezo
      > Publishing.   Slezo is selling a tie-in collection of
      > short stories  which I buy and discover that my story
      > is included in the collection.   It's published
      > listing me as the author so it really isn't plagiarism
      > but I never gave my permission for it to be printed
      > and I got no compensation for my work.   Slezo is
      > profiting from my work.   Do I have a legal case
      > against Slezo?   I think I do.
      
      I think you don't.  Under what *legal theory* do you think you have a
      case?  What are you going to sue them for?  Because if you sue for
      copyright infringement, you lose -- you work isn't copyrightable
      because it's an unlicensed derivative work.  You have no copyright to
      protect, and without a valid copyright, you cannot sue someone for
      infringement.
      
      The hypothetical above is *exactly* why TPTB are so nervous about
      fanfic -- they think if episodes similar to a fanfic story show up,
      the fanfic writer will sue them.  They might sue them, but IMO they
      should *lose* big time.  If you post an unlicensed derivative work in
      a public place, you neither should (nor do) have legal recourse
      because you have no copyright in that work in the first place.
      
      The only legal theory I can think of is "misappropriation" which
      *only* applies if you are in a confidential relationship with the
      person who "stole" the story -- e.g., they are your lawyer, your
      agent, etc.  It certainly would not apply to any story posted in a
      public place.
      
      > Two: Same story.   I find out that some other author
      > has lifted my story, changed the names of Duncan,
      > Methos and Cassandra and made them vampires.   The
      > story contains complete chapters of text that are
      > identical to my story except for the names.   This
      > author has published my story under their name as an
      > original work of fiction.   They are profiting from my
      > work.   Do I have a legal case against this author?
      > I think I do.
      
      I think you don't.  Again -- under what *legal* theory?  You have no
      copyright to protect --so what do you sue them for?  You can only sue
      someone under a recognized legal theory.  "Plagarism" is not a legal
      theory.
      
      > Three:  Same story.   Cruising the net, I discover a
      > Blake's Seven story that contains pages of dialogue
      > from my story.   Do I have a legal case against this
      > author?
      
      No.
      
      > A moral one?
      
      I think you have an argument that the person has violated community
      ethics, and that it should be addressed within the community -- not
      through the courts.
      
      > DragonLady wrote:
      >
      > >So if your story is yours but the characters aren't
      > ... the story really isn't yours. <
      >
      > The story really is mine.   I might not have the right
      > to profit from it but no one else can profit from it
      > either.
      
      But you don't have the right to stop them.  There is no recognized
      legal theory that I've ever heard of under which you could stop them.
      
      Lynn
      
      ------------------------------
      
      Date:    Sat, 7 Jul 2001 18:00:54 -1000
      From:    Geiger <geiger@maui.net>
      Subject: Re: ATTN: All Fan Fic writers
      
      mouse wrote--
      >What is it that we all are supposed to know?
      
      Slash.  Though I'm told there's even worse stuff out there.
      
      
      Jo wrote--
      >  Let me pose a few hypothetical situations.
      SNIP
      
      I don't think the fanfic writer in any of your scenarios has any enforceable
      legal rights.  Wrong-doers usually don't.  Clean hands & all that.
      
      Jo again--
      > The story really is mine.   I might not have the right
      > to profit from it but no one else can profit from it
      > either.
      
      But, isn't that rather like Amanda going to the cops to file a burglary
      report when someone lifted something SHE previously stole?  I doubt even she
      would have the nerve.  If the cops catch thief #2--he goes to jail.  But
      Amanda as thief #1 isn't the injured party--the actual owner of the property
      is.
      
      Intellectual property theft that goes around, comes around.  Copyright
      karma.
      
      Nina
      geiger@maui.net
      
      ------------------------------
      
      Date:    Sun, 8 Jul 2001 00:55:23 -0400
      From:    Dragon Lady <dragonlady@darkmage.net>
      Subject: Re: ATTN: All Fan Fic writers
      
      At 7/7/01 06:55 PM, you wrote:
      >but that really isn't the same thing as saying you own a copyright on a
      >"character." I know that's splitting hairs a bit, but isnt' that what
      >lawyers do? ;-) (No insult intended. I started on the path to lawyerdom
      >myself, yea many a year ago... just took a detour instead.)
      
      Annie, don't know how it was back then, but you CAN TM a character now ...
      trust me I've already done it.
      
      
      ------------
      Peace and Laughter,
      --DL
      
      The light at the end of the tunnel may be an oncoming dragon.
      
      ------------------------------
      
      Date:    Sun, 8 Jul 2001 01:12:47 -0400
      From:    Dragon Lady <dragonlady@darkmage.net>
      Subject: Re: ATTN: All Fan Fic writers
      
      At 7/8/01 12:00 AM, Ninawrote:
      >Copyright karma.
      
      
      Thank you, Nina!
      
      You've summed up this whole thread nicely.
      
      I love fan fic, even wrote some myself way back when. Now, one of my
      clients is a published author (13+ novels, and counting) who frequently
      makes his work available on his website. That does not mean he doesn't
      protect his copyrights and trademarks (which include his name, his ongoing
      series characters name and his plots). He's also a lawyer (and a very, very
      effective one to date) , so I've learned a heck of a lot about protecting
      work and what is and isn't copyrightable. Our team of web surfers
      investigates every instance of possible infringement because you have to
      protect the copyright. That is not to say, that just because you don't get
      caught, they don't care. Just because nobody has bitched doesn't make it
      right.
      
      If you want to be a writer, write what you know (and live and feel) and
      make people want to read it, but recycling someone else's
      characters/universe/plots is only inviting trouble.
      
      
      ------------
      Peace and Laughter,
      --DL
      
      The light at the end of the tunnel may be an oncoming dragon.
      
      ------------------------------
      
      Date:    Sun, 8 Jul 2001 09:42:07 +0200
      From:    Marina Bailey <fdd-tmar@netactive.co.za>
      Subject: Re: ATTN: All Fan Fic writers
      
      Dragon Lady wrote:
      >If you want to be a writer, write what you know (and live and feel) and
      >make people want to read it, but recycling someone else's
      >characters/universe/plots is only inviting trouble.
      
      Oh, don't start with that now. This thread started as one person
      trying to warn others and got into the rights and wrongs of
      fanfic. Fanfic has been going since the '60s (and maybe earlier).
      Pontificating about how wrong it is (or how disgusting slash is)
      is just going to make a few generations of fanfic writers mad at
      you, and it won't change anyone's mind.
      
      Some people like reading fanfic. Some people like writing it.
      And I think we can expect TPTB to look the other way because
      fanfic sustains interest in what would be dead shows otherwise.
      
      Fanfic will continue, underground or in the light, if it has to.
      Whining about the legalities of it will not make it go away.
      
      - Marina, having flashbacks to Marty.
      
      \\                     "Writing is hell."                   //
      //      "I thought the expression was, 'War is hell'?"      \\
      \\ "Obviously said by someone who never attempted to write" //
      //=======Marina Bailey=======fdd-tmar@netactive.co.za=======\\
      \\==========Chief Flag Waver and Defender of Richie=========//
      
      "The captain's on drugs and the first officer is a complete
      lunatic... Sounds about right for Star Trek." - My brother,
      discussing the DS9 episode "Valiant"
      
      ------------------------------
      
      Date:    Sun, 8 Jul 2001 11:13:50 +0100
      From:    "John Mosby (B)" <a.j.mosby@btinternet.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      Dragon Lady wrote:
      > >If you want to be a writer, write what you know (and live and feel) and
      > >make people want to read it, but recycling someone else's
      > >characters/universe/plots is only inviting trouble.
      
      Marina wrote:
      > Oh, don't start with that now. This thread started as one person
      > trying to warn others and got into the rights and wrongs of
      > fanfic. Fanfic has been going since the '60s (and maybe earlier).
      > Pontificating about how wrong it is (or how disgusting slash is)
      > is just going to make a few generations of fanfic writers mad at
      > you, and it won't change anyone's mind.
      
      I don't believe that a single person here is saying that fanfic is wrong.
      Certainly I've never said that and I happen to have read the odd piece which
      I think is very good. As a profesional writer  myself I simply try to avoid
      material which I think might conciously or subconciously affect the own
      creative efforts I'm working on.
      
      Simply: What is being said is that your fanfic doesn't have any real legal
      'rights' as on a technical level it is already, technically, infringes the
      rights of others. Usually, nobody gives a damn. Bill Panzer doesn't lie
      awake at night worrying that people out there are playing in his toybox. But
      if fanfic writers start taking each other to court, you can bet serious
      money there would be an appearance by a representative who would point out
      neither fanfic writer is in the right and a 'cease and desist order' would
      probably be applicable.
      
      As for slash....well, whatever floats your boat. In the privacy of your own
      home and mind you can put any sexuality or code of conduct you want on any
      character you want. Personally I don't care what sexuality a character has,
      though simply creating a sexual orientation that was never intended by the
      original authors/actors seems a little like projection. Again, no harm done
      if its only for private enjoyment.  But I can understand that if a straight
      actor gets holds of material in which the character he has links to is
      having sex with another man (and vice sexual versa), he may well not be too
      happy about it. Nor the people who originally created the 'straight'
      character. The minute such material becomes wildly available, you don't know
      who will see it and how they will react...that's one of the main problems
      here. If generations of slash fans can't see that I'm not criticising their
      choice, but simply pointing out the implications of widely circulating the
      material, then that's their head in the sand, not mine.
      
      And before
      > Some people like reading fanfic. Some people like writing it.
      > And I think we can expect TPTB to look the other way because
      > fanfic sustains interest in what would be dead shows otherwise.
      
      > Fanfic will continue, underground or in the light, if it has to.
      > Whining about the legalities of it will not make it go away.
      
      Who wants to make it go away? I hope it continues for generations to come.
      It's an outlet for people and a way to express to their love of a franchise,
      character etc etc. People are only saying that legally, you can't protect
      your work because you didn't create the characters yourself. Huff and puff
      about the difference between TM and (C) but MORALLY they are there for the
      same reason.
      These aren't your toys. You borrowed them and you didn't ask. You may wnat
      to play with them, not profit from them, but you still went into another
      sandbox to get them.
      
      Should someone be able to steal your work word for word or only change minor
      details?  No, they shouldn't. They should be brought to light and exposed
      for doing so.But try to take your fanfic 'rights' to an actual court of law
      and you will humiliated. End of story.
      
      You want to have the moral and legal high ground? Then the recent advise is
      true. Create your own universe and characters. Otherwise, however good a
      writer, however good the ideas.... you don't have an ounce of realistic
      legal protection.
      
      But please don't come and say that a Fanfic writer can sue another writer
      for taking ideas/characters from their work as they feel fit and then whine
      that because you put 'these characters are copyright/t.marked Davis/Panzer'
      you think you have covered yourself in the first place. Legally, you haven't
      
      I know very few people who hate fanfic. I know many more who agree that its
      best not to wave flag too high or shout too loudly.
      
      John Mosby
      
      ------------------------------
      
      Date:    Sun, 8 Jul 2001 08:34:57 -0400
      From:    "Carrie V. Key" <reeana1@home.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      ----- Original Message -----
      From: Marina Bailey <fdd-tmar@netactive.co.za>
      To: <HIGHLA-L@LISTS.PSU.EDU>
      Sent: Sunday, July 08, 2001 3:42 AM
      Subject: Re: [HL] ATTN: All Fan Fic writers
      
      
      > Dragon Lady wrote:
      > >If you want to be a writer, write what you know (and live and feel) and
      > >make people want to read it, but recycling someone else's
      > >characters/universe/plots is only inviting trouble.
      >
      > Oh, don't start with that now. This thread started as one person
      > trying to warn others and got into the rights and wrongs of
      > fanfic. Fanfic has been going since the '60s (and maybe earlier).
      > Pontificating about how wrong it is (or how disgusting slash is)
      > is just going to make a few generations of fanfic writers mad at
      > you, and it won't change anyone's mind.
      >
      > Some people like reading fanfic. Some people like writing it.
      > And I think we can expect TPTB to look the other way because
      > fanfic sustains interest in what would be dead shows otherwise.
      >
      > Fanfic will continue, underground or in the light, if it has to.
      > Whining about the legalities of it will not make it go away.
      >
      > - Marina, having flashbacks to Marty.
      
      Thank you. Even though I have participated in some of this thread after
      starting it, after reading some of the posts I'm wishing I hadn't started
      it. All I wanted to do was share something with some fellow writers out
      there and I never expected it to get this big. I expected maybe a few words
      here or there. But I was wrong.
      
      ---
      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:    Sun, 8 Jul 2001 14:04:06 +0100
      From:    "John Mosby (B)" <a.j.mosby@btinternet.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      Carrie
      
      This is a subject-matter that raises its head on a frequent basis. No blood
      is drawn, but it is an interesting topic of conversation.
      
      John
      
      ----- Original Message -----
      From: "Carrie V. Key" <reeana1@HOME.COM>
      To: <HIGHLA-L@LISTS.PSU.EDU>
      Sent: Sunday, July 08, 2001 1:34 PM
      Subject: Re: [HL] ATTN: All Fan Fic writers
      
      
      > ----- Original Message -----
      > From: Marina Bailey <fdd-tmar@netactive.co.za>
      > To: <HIGHLA-L@LISTS.PSU.EDU>
      > Sent: Sunday, July 08, 2001 3:42 AM
      > Subject: Re: [HL] ATTN: All Fan Fic writers
      >
      >
      > > Dragon Lady wrote:
      > > >If you want to be a writer, write what you know (and live and feel) and
      > > >make people want to read it, but recycling someone else's
      > > >characters/universe/plots is only inviting trouble.
      > >
      > > Oh, don't start with that now. This thread started as one person
      > > trying to warn others and got into the rights and wrongs of
      > > fanfic. Fanfic has been going since the '60s (and maybe earlier).
      > > Pontificating about how wrong it is (or how disgusting slash is)
      > > is just going to make a few generations of fanfic writers mad at
      > > you, and it won't change anyone's mind.
      > >
      > > Some people like reading fanfic. Some people like writing it.
      > > And I think we can expect TPTB to look the other way because
      > > fanfic sustains interest in what would be dead shows otherwise.
      > >
      > > Fanfic will continue, underground or in the light, if it has to.
      > > Whining about the legalities of it will not make it go away.
      > >
      > > - Marina, having flashbacks to Marty.
      >
      > Thank you. Even though I have participated in some of this thread after
      > starting it, after reading some of the posts I'm wishing I hadn't started
      > it. All I wanted to do was share something with some fellow writers out
      > there and I never expected it to get this big. I expected maybe a few
      words
      > here or there. But I was wrong.
      >
      > ---
      > 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:    Sun, 8 Jul 2001 09:17:54 -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: Sunday, July 08, 2001 9:04 AM
      Subject: Re: [HL] ATTN: All Fan Fic writers
      
      
      > Carrie
      >
      > This is a subject-matter that raises its head on a frequent basis. No
      blood
      > is drawn, but it is an interesting topic of conversation.
      >
      > John
      
      I know. No blood has been drawn, but I feel kind of paranoid at some of the
      post's direction. I don't want to be the one to inadvertently start
      something that is going to have people stepping on each others toes or
      worse. I had something like that happen to me recently on a message board
      I'm on, and I hated it. Sorry I'm just a little paranoid after that.
      Although reading some of the posts to this thread have been educational and
      wanting me to look up a lot of stuff on the subject of copyrighting. I knew
      some stuff from my comic book days, but not  alot and most of that stemmed
      from knowing who to go to do it and how much it cost, not exactly what could
      be and couldn't be copyrighted. I am very happy to see that everyone is
      still being civil (as I've seen lesser things, or things in general, turn
      everyone here into snarling snapping posters. Not to pleasant to see.). I
      just need to still calm down from my message board experience. That's all.
      
      And John I just finished your last post and you said some great things in
      there. Thanks.
      ---
      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:    Sun, 8 Jul 2001 14:36:25 +0100
      From:    "John Mosby (B)" <a.j.mosby@btinternet.com>
      Subject: Re: ATTN: All Fan Fic writers
      
      Thanks
      
      So many people enjoy fan-fiction that I think the subject-matter can ignite
      a lot of passion and as long as the debate doesn't result in loss of blood,
      I think it's fine. At least in cyberspace no beer gets spilled. Now, at
      Reunion, I make no such promises...
      
      Flight booked.
      Room booked.
      Dano. Booked.
      
      John
      
      ----- Original Message -----
      From: "Carrie V. Key" <reeana1@HOME.COM>
      To: <HIGHLA-L@LISTS.PSU.EDU>
      Sent: Sunday, July 08, 2001 2:17 PM
      Subject: Re: [HL] ATTN: All Fan Fic writers
      
      
      > ----- Original Message -----
      > From: John Mosby (B) <a.j.mosby@BTINTERNET.COM>
      > To: <HIGHLA-L@LISTS.PSU.EDU>
      > Sent: Sunday, July 08, 2001 9:04 AM
      > Subject: Re: [HL] ATTN: All Fan Fic writers
      >
      >
      > > Carrie
      > >
      > > This is a subject-matter that raises its head on a frequent basis. No
      > blood
      > > is drawn, but it is an interesting topic of conversation.
      > >
      > > John
      >
      > I know. No blood has been drawn, but I feel kind of paranoid at some of
      the
      > post's direction. I don't want to be the one to inadvertently start
      > something that is going to have people stepping on each others toes or
      > worse. I had something like that happen to me recently on a message board
      > I'm on, and I hated it. Sorry I'm just a little paranoid after that.
      > Although reading some of the posts to this thread have been educational
      and
      > wanting me to look up a lot of stuff on the subject of copyrighting. I
      knew
      > some stuff from my comic book days, but not  alot and most of that stemmed
      > from knowing who to go to do it and how much it cost, not exactly what
      could
      > be and couldn't be copyrighted. I am very happy to see that everyone is
      > still being civil (as I've seen lesser things, or things in general, turn
      > everyone here into snarling snapping posters. Not to pleasant to see.). I
      > just need to still calm down from my message board experience. That's all.
      >
      > And John I just finished your last post and you said some great things in
      > there. Thanks.
      > ---
      > 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:    Sun, 8 Jul 2001 10:12:51 EDT
      From:    Bizarro7@aol.com
      Subject: Re: ATTN: All Fan Fic writers
      
      In a message dated 7/7/01 9:16:38 PM Eastern Daylight Time,
      lloschin@sprynet.com writes:
      
      << Actually, IMO it is -- because sequels using the same characters are
       an enormous part of what defines derivative works.   And what is
       fanfic, anyway, except a derivative work?  That's the whole concept of
       the "universe" even if you don't use the same characters.  IMO that's
       exactly what fanfic is.  I happen to think it's a fair use,
       personally, if it's not done for profit -- but I don't think that
       means you get independent protection from others "infringing" on that
       work, which is how this whole topic started. >>
      
      There's actually a very good example of how little protection there is for a
      copyrighted character and their universe against derivative 'fanfic' done for
      profit. Sherlock Holmes was (and still is) very much the intellectual
      property of the Conan Doyle estate. Although some pastiche writers do bother
      to go to the trouble of getting permission to write a new Sherlock Holmes
      story, many more do not, and their work is published with little or no
      contest worldwide, even by major publishers who know all the legalities far
      better than we. Sherlock Holmes is actually one of the first modern media
      'fandoms', and any one of these pastiches and sequels have started out as
      'fanfic.'
      
      Leah CWPack
      
      ------------------------------
      
      Date:    Sun, 8 Jul 2001 10:19:49 EDT
      From:    Bizarro7@aol.com
      Subject: REUNION
      
      Anyone here going to be at the con? I know from his postings on the HG Forum
      that AJM is coming, but haven't heard it brought up here.
      
      Leah CWPack
      
      ------------------------------
      
      Date:    Sun, 8 Jul 2001 10:21:59 EDT
      From:    Highlandmg@aol.com
      Subject: Re: REUNION
      
      Hi
      
      Me Not come... I booked as soon as I saw it posted like 5 minutes after Lynn
      posted it
      
      Mary
      
      ------------------------------
      
      Date:    Sun, 8 Jul 2001 10:33:01 EDT
      From:    Bizarro7@aol.com
      Subject: Re: REUNION
      
      In a message dated 7/8/01 10:22:34 AM Eastern Daylight Time,
      Highlandmg@aol.com writes:
      
      << Me Not come... I booked as soon as I saw it posted like 5 minutes after
      Lynn
       posted it >>
      
      ??? You Not come but you booked ??? Maybe I need coffee to understand this...
      
      Leah CWPack
      
      ------------------------------
      
      Date:    Sun, 8 Jul 2001 10:37:13 EDT
      From:    Highlandmg@aol.com
      Subject: Re: REUNION
      
      Leah
      
      I was just saying Me not to come to a con. The only way I would not go is if
      I was dead or really too sick or doctors (all of them) said I could not.
      
      
      Mary
      
      ------------------------------
      
      Date:    Sun, 8 Jul 2001 11:03:51 EDT
      From:    Ashton7@aol.com
      Subject: Re: ATTN: All Fan Fic writers
      
      In a message dated 7/8/01 1:03:50 AM Eastern Daylight Time,
      dragonlady@darkmage.net writes:
      
      << Annie, don't know how it was back then, but you CAN TM a character now ...
       trust me I've already done it.
        >>
      
      Yes, of course you can. And in my original post I said just that.
      Trademarking a character is not the same thing as copyrighting it, though.
      
      Annie
      
      ------------------------------
      
      Date:    Sun, 8 Jul 2001 16:33:14 +0100
      From:    Jette Goldie <jette@blueyonder.co.uk>
      Subject: Re: REUNION
      
      > Anyone here going to be at the con? I know from his postings on the HG
      Forum
      > that AJM is coming, but haven't heard it brought up here.
      >
      > Leah CWPack
      
      
      I think you know I will be, Leah
      
      Jette
      Glory may be fleeting, but obscurity is forever!
      bosslady@scotlandmail.com
      http://www.jette.pwp.blueyonder.co.uk/fanfic.html
      
      ------------------------------
      
      End of HIGHLA-L Digest - 7 Jul 2001 to 8 Jul 2001 - Special issue (#2001-183)
      *****************************************************************************
      
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