Call me dumb.
Call me confused.
Call me drunky-sloppy pants. I don't give a flippin' flippity flip.
But someone explain this copyright/distribution infringement thing to me.
*ahem*
Question: I purchased the movie, book, etc. Doesn?t that mean I can do what I want with it?
Answer: Mere ownership of a book, manuscript, painting, or any other copy or phonorecord does not give the possessor the copyright in the work. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright.
So, a FanFic author who purchases a book does not also purchase the right to create a derivative work based on that book, for example a new story or a comic.
Question: What benefit does an author credit provide?
Answer: A credit serves as a disclaimer. Strictly speaking, disclaimers do not absolve an infringer from liability. However, disclaimers do serve an important function. Disclaimers explain the purpose and extent of the borrowing author's use and show that they recognize their "borrowing." Thus, disclaimers help appease original authors' fear that they will lose control over their works. The acknowledgment of the original source and ownership of the original work can reinforce the communal aspects of fandom and show that the borrowing authors respect original author's rights.
Question: What are the basics of copyright law that could affect FanFic?
Answer: Copyright is a limited monopoly provided by the laws of the United States (title 17, US Code; see the "Copyright" section) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
- copy (reproduce) the work;
- distribute the work;
- perform or display the work; and/or
- prepare new (derivative) works based upon the work. A sequel to a movie, Rocky IX for example, is a derivative work.
Wouldn't this mean that all authors who are now publishing works that were ONCE a Twilight fan fic are in direct violation of Stephenie Meyer's copyright laws? Is this why they pull the fics?
OR, if they pull it for personal reasons; why not let the fandom continue to distribute? The author still gets the credit. I've seen what happens when fics get plagarised. Thor's hammer could only wish to be as vicious.
Explain, discuss and talk me down from this rage.
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