Meyer's fanfic writer thinks copyright laws don't apply to HER.

Gillhoughly · Mar 25, 2009

Thanks on that, Kathleen42, I rather like SOME fic myself, but don't have time to read any. Some of my pro friends write it.

But they all mention on their sites "I don't own any of this. If the copyright holder says take it down, I will do so."

The main point all fic writers usually grasp is STAY OFF THE COPYRIGHT HOLDER'S RADAR!

Deleted member 42 · Mar 25, 2009

It can stay off the radar as long as profit isn't generated.

There are only two potential defenses; "Fair use"--this clearly isn't, even though IANAL, and fair use has to be decided in court.

The other potential defense is the parody defense; again, this is not intentional parody; there goes that defense.

She's chum.

Kathleen42 · Mar 25, 2009

Gillhoughly said:
The main point all fic writers usually grasp is STAY OFF THE COPYRIGHT HOLDER'S RADAR!

Oh yes, which has me wondering if it's not just the lawyers Lady S will have to worry about. She may end up dodging an angry mob of fanfic writers. The last thing they'll want is more scrutiny and crack downs.

Gillhoughly · Mar 25, 2009

It's my tribute! We're adults. She's going to thank me for this!

Sage · Mar 25, 2009

Even if she didn't have to worry about the movie production people, I doubt Stephenie Meyer will be as forgiving as Lady S. thinks she'll be, considering the recent problem she had with Midnight Sun getting out there. And didn't I hear recently that someone involved with the books or the movie cracked down on people using an apple in their unofficial Twilight merchandise?

Shamrockgreen · Mar 25, 2009

So you can write fanfic, but not ....I have seen those huge fan fic sites, kind of like mega blogging on your favorite characters and story lines. I understand proprietary creative works, however with all the fan fic out there, it is virtually impossible to decide who wrote what when, and what does a fan fic writer do, when the author uses their story and publishes it, because they have run out of creative juice?

Deleted member 42 · Mar 25, 2009

Moreover, she's an excellent example of why people shouldn't think an Internet handle grants anonymity.

Unless you're fairly geeky, and have considerable spare time, there is no anonymity. Don't assume that there is.

veinglory · Mar 25, 2009

@ Shamrock: Nothing, they do nothing. Mainly because it doesn't happen but also because it is a bit like complaining to the police that someone stole your crack. i.e. not wise and not going to end well.

Sage · Mar 25, 2009

Authors are STRONGLY encouraged not to read fanfic (or to deny that they have if they secretly do).

Unless it is known that an author read that specific fanfic, a fanfic writer would have to be insane to try to claim the story was stolen from them. (And even if they did know the author read it, it would be a little ridiculous to say, "I stole your characters and world and overall story arc, and now you stole my plot!")

Bubastes · Mar 25, 2009

Medievalist said:
She's chum.

Yup. Dayum, I wish I were one of the attorneys investigating this case. My shark-like instincts are going nuts over this one.

Elwolf · Mar 25, 2009

I do admit that the publisher and author are stupid for not doing something about this. Not only does it say to this person that they are right for doing this, but it also tells others that are of the same mind--figuratively--that they can do the same thing and get away with it. They better do something fast. If not the publisher and author, then at least the Summit Entertainment people.

veinglory · Mar 25, 2009

Not having looked into it, I assume the publisher and author are on and the same here?

Elwolf · Mar 25, 2009

I was talking about Stephenie Meyer and her publisher. Sorry for the confusion.

Sheryl Nantus · Mar 25, 2009

Elwolf said:
I do admit that the publisher and author are stupid for not doing something about this. Not only does it say to this person that they are right for doing this, but it also tells others that are of the same mind--figuratively--that they can do the same thing and get away with it. They better do something fast. If not the publisher and author, then at least the Summit Entertainment people.

oh, they will...

Bubastes · Mar 25, 2009

Elwolf said:
I do admit that the publisher and author are stupid for not doing something about this. Not only does it say to this person that they are right for doing this, but it also tells others that are of the same mind--figuratively--that they can do the same thing and get away with it. They better do something fast. If not the publisher and author, then at least the Summit Entertainment people.

It always takes some time for the lawyers to investigated and put together a strategy before they pull the trigger. I wouldn't be surprised if we hear something soon.

Elwolf · Mar 25, 2009

Sheryl Nantus said:
oh, they will...

Can't wait.

Shamrockgreen · Mar 25, 2009

veinglory said:
@ Shamrock: Nothing, they do nothing. Mainly because it doesn't happen but also because it is a bit like complaining to the police that someone stole your crack. i.e. not wise and not going to end well.

LOL too funny, and so true.

sassandgroove · Mar 25, 2009

Shamrockgreen said:
So you can write fanfic, but not ....I have seen those huge fan fic sites, kind of like mega blogging on your favorite characters and story lines. I understand proprietary creative works, however with all the fan fic out there, it is virtually impossible to decide who wrote what when, and what does a fan fic writer do, when the author uses their story and publishes it, because they have run out of creative juice?

But isn't a big part of this that she is trying to PROFIT from it? SOme fanfic is ignored because it is free. Yes?

Deleted member 42 · Mar 25, 2009

Here are some of the reasons fanfic is a problem; there's historic precedent:

http://www.fanworks.org/writersresource/?action=define&authorid=53&tool=fanpolicy

Pagey's_Girl · Mar 25, 2009

*Groans*

I used to love writing fanfic - it was a good way to recharge the old creative batteries - but wankers like that are one of the main reasons I abandoned it.

Although I should point out that most of the fanfic writers I know would be horrified by what she's doing. Most of us know the line between playing on someone else's playground for awhile and claiming the playground's ours. This wanker's making all fanfic writers look bad.

ETA - I think that sounded a lot more defensive than I meant for it to. It just never fails that there's always someone who Just Doesn't Get It. Some of the deluded fangirls on the music fanfic sites are even worse. I could tell some horror stories about fans gone bad...

Susan Gable · Mar 25, 2009

Gillhoughly said:
When I heard the title "Russet Noon" all I could think was that it involved having potatoes for lunch.
.

LOLOL!!! Potatoes came to my mind as well.

I suppose at least it's not Russet Nooner. <G> Potatoes having sex during the day. <G>

On the other hand, this person is an idiot. You don't mess with the big guns. If you want to write fanfic, you do so QUIETLY. You don't publish it. <sigh>

This could get very interesting. <G>

Susan G.

Deleted member 42 · Mar 25, 2009

I can't quite wrap my head around the basic underlying assumptions:

1. Fan loves author's work.
2. Fan loves work so much fan wants to create in the author's world.
3. Fan then wants to profit *from authors world.*

There's a reason that the Latin root of plagiarize means "kidnapping."

Gillhoughly · Mar 25, 2009

Sheryl Nantus said:
oh, they will...

Hur-hur-hur.

Pulling on my raincoat now!

I should mention just why authors choose to not to go looking for fanfic of their own stuff.

Please note--choose for themselves not to do this. In all my years working with various houses, I've never once been told to not do it, nor have any of my pro pubbed buddies.

The reason is that in every book contract is a clause that says if a writer becomes aware of a copyright infringement on the Work, they are obligated to take action to have that infringement shut down.

If they don't, then their own publisher can sue them!

Most fanfic goes unmolested because the pros have chosen to ignore it. Most of us don't get paid enough to get into a legal fight. So long as fans keep it under the table, most of us don't care what they get up to, (wink-wink, nudge-nudge)!

But when a fan puts up press releases or offers their book for sale on Amazon (that would be the Star Wars fan), they've made themselves impossible to ignore. If someone pulled that with me, then I'd have to call my agent and editor, and they'd turn it over to the legal department.

The times I found an infringement on some of my works, I simply filed a polite report with the host server and asked if they would take down the content. It was gone within hours. Copyright infringement is often addressed in the TOS when you sign on. If someone complains, they take action so they don't get shut down.

Another time I contacted the person directly, gently explained the problem and why posting more of the same could seriously damage her career as a writer. In that case, she honestly did not know it was illegal. I encouraged her to invent her own universe and explore it rather than play in my old back yard.

Now, I have gone to a couple sites that came on my radar, and politely requested that they not allow members to post stories or blogs featuring my characters. They've all been very kind about it and respected that.

But every sub-culture has it's problem children. They pitch a fit when the answer is "no."

I do not envy their lot in life.

Deleted member 42 · Mar 25, 2009

Gillhoughly said:
The reason is that in every book contract has a clause that says if a writer becomes aware of a copyright infringement on the Work, they are obligated to take action to have that infringement shut down.

If they don't, then their own publisher can sue them!

Yes; this is because there's legal precedent for "losing" copyright by not asserting it.

Susan Gable · Mar 25, 2009

Medievalist said:
I can't quite wrap my head around the basic underlying assumptions:

1. Fan loves author's work.
2. Fan loves work so much fan wants to create in the author's world.
3. Fan then wants to profit *from authors world.*

You forgot:

4. Publisher of author's works crush fan like a leeetle bug.

There's a reason that the Latin root of plagiarize means "kidnapping."

I didn't know that, but I love it. I think it makes perfect sense.

Susan G.

Meyer's fanfic writer thinks copyright laws don't apply to HER.

Grumpy writer and editor

Deleted member 42

crushing on fictional characters

Grumpy writer and editor

Supreme Guessinator

A day on the skeet range helps the frustration

Deleted member 42

volitare nequeo

Supreme Guessinator

bananaed

Rabbit! Hunting Mode.

volitare nequeo

Rabbit! Hunting Mode.

Holding out for a Superhero...

bananaed

Rabbit! Hunting Mode.

A day on the skeet range helps the frustration

Sassy haircut

Deleted member 42

Still plays with dolls

Dreamer of dreams, teller of tales

Deleted member 42

Grumpy writer and editor

Deleted member 42

Dreamer of dreams, teller of tales