Post by kanshu on Aug 20, 2004 9:01:21 GMT -5
We've seen them all, we've probably written them all... the short little note called a "Disclaimer".
Most read like this: "I don't own it, blablabla."
Uh. Yeah. Very useful. And so very much not understanding the whole idea behind the copyright disclaimer.
When you write fanfiction, you are using trademarked characters and publish based on the copyrighted work of someone else.
For further information, go here: www.whoosh.org/issue25/lee1.html - it is a webpage explains in simple terms.
So, once you've dug through all that information (yes, as if you'd really do that ) ;D, this is as a reminder (quoted from said page):
"You can't derive your work from someone else's work or copyright her work without her permission. Therefore, technically, all fan fictions, which are derivative works are copyright violations. While many copyright holders turn a blind eye to such works (like our TPTB), they don't have to be so nice about it. In the end, it's completely up to the owner of the copyright to decide whether or not to enforce her rights, and prosecute the infringers. Whether or not she will be successful would depend on the availability of the fair use defense to the infringer."
Therefore, make it clear that you used the characters without permission, that you made no attempt to copyright those same characters, and that you're not using them for profit. Include the name of the original copyright and trademark holder.
A complete disclaimer should read something along the lines of this:
NEVER EVER do the "I don't own them so don't sue me, blabla" again.
Apart from all the legal hassles... for me, a copyright disclaimer is always a nice reminder that I'm working with borrowed goods, and that I have to treat my characters well.
Details for the USA can be found at:
www.copyright.gov/
For other countries, please use your search engine.
Thoughts and comments welcome
Most read like this: "I don't own it, blablabla."
Uh. Yeah. Very useful. And so very much not understanding the whole idea behind the copyright disclaimer.
When you write fanfiction, you are using trademarked characters and publish based on the copyrighted work of someone else. For further information, go here: www.whoosh.org/issue25/lee1.html - it is a webpage explains in simple terms. So, once you've dug through all that information (yes, as if you'd really do that ) ;D, this is as a reminder (quoted from said page):
"You can't derive your work from someone else's work or copyright her work without her permission. Therefore, technically, all fan fictions, which are derivative works are copyright violations. While many copyright holders turn a blind eye to such works (like our TPTB), they don't have to be so nice about it. In the end, it's completely up to the owner of the copyright to decide whether or not to enforce her rights, and prosecute the infringers. Whether or not she will be successful would depend on the availability of the fair use defense to the infringer."
Therefore, make it clear that you used the characters without permission, that you made no attempt to copyright those same characters, and that you're not using them for profit. Include the name of the original copyright and trademark holder. A complete disclaimer should read something along the lines of this:
Disclaimer: "Gensomaden Saiyuki, Saiyuki: Reload, Saiyuki: Gaiden" and all of its characters were created by Kazuya Minekura. They belong to her and were used without prior permission. No profit is made through this story.
NEVER EVER do the "I don't own them so don't sue me, blabla" again.
Apart from all the legal hassles... for me, a copyright disclaimer is always a nice reminder that I'm working with borrowed goods, and that I have to treat my characters well.
Details for the USA can be found at:
www.copyright.gov/
For other countries, please use your search engine.
Thoughts and comments welcome
