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Short answer, it's not okay, not without the original author's permission.
This question comes around regularly, and it boils down to respecting the original author and not "using" their characters and plot lines without asking them first.
Some authors don't mind, others do; so if you don't know for sure what the original author might want or allow, you shouldn't. Think of it this way - if someone asked this of your characters (that you'd lived with for weeks or months or years, writing them), what would you say?
yeah but what if they vanished years ago? would they really care? And yes I've made tons of popular things that had fan stuff made for them and I thought it was cool and fun as long as they gave me credit and didn't try to pass it off as their own work, which has also happened to many countless times.
At the end of the day I don't see a big deal its not like its a published book being sold, its on the same site. But if its against the rules then so be it.
They don't stop owning it by dying. It's not their job to defend their intellectual property even after they've died. Anyone who wants to take it over needs the signature of the current owner on the dotted line--it's the responsibility who wants to piggyback on someone's work, not the original author's.
The answer is NO.
"Fair use" is a concept for reviewers and teaching institutions, not fan-fic and not for "continuing of series" or "rewriting stories", which was the context of your opening question.It's fine if it's against the sites rules or w/e but by your weird logic fan-fics, parodies and everything else that falls under fair use wouldn't exist. this is literotica not amazon bruh.
It's fine if it's against the sites rules or w/e but by your weird logic fan-fics, parodies and everything else that falls under fair use wouldn't exist. this is literotica not amazon bruh.
"Fair use" is a concept for reviewers and teaching institutions, not fan-fic and not for "continuing of series" or "rewriting stories", which was the context of your opening question.
You have come here with a legitimate question, and you're not the first to do so. The overwhelming response from authors who hang out in the Hangout, every time this comes up (several times a year, and nearly always the exact same question), is, don't. Not without permission.
Folk are generally urged to respect the original author's moral right to present (and to cease writing if they so choose, which includes death as a reason for stopping) their own work the way they want to, and not have some unknown person come along and take over. You might write utter crap - why would I want my content to be associated with that (I can write crap of my own)?
Part of that is to respect those who say no, you can't copy, use, steal, borrow, pick any word you choose, my characters. They're mine, not yours. My personal view is, go write your own characters. I just find the whole idea strange - it's saying to me that writers who want to do this have little of their own imagination.
Copyright and ownership is all blah blah blah and mostly irrelevant, I think. It comes down to ethics, and respect towards fellow writers. Just because Literotica is amateur writing (in the legal and commercial sense), doesn't mean writers don't have rights to their own work. We do. They're called moral rights.
yeah but what if they vanished years ago? would they really care? And yes I've made tons of popular things that had fan stuff made for them and I thought it was cool and fun as long as they gave me credit and didn't try to pass it off as their own work, which has also happened to many countless times.
At the end of the day I don't see a big deal its not like its a published book being sold, its on the same site. But if its against the rules then so be it.
Write an explanation at the beginning of your story referring to the author and story that’s inspired you and put a link.
Fair comment. I was thinking more of direct use of copyrighted material.2 additional points.
It is irrelevant on this site whether a writer has disappeared. Permission is still required.
EB's interpretation of Fair Use is a bit too narrow. Parody, for example, is a well recognized form of fair use. Its allowed under law, but I dont know whether Laurel would allow it.
2 additional points.
It is irrelevant on this site whether a writer has disappeared. Permission is still required.
EB's interpretation of Fair Use is a bit too narrow. Parody, for example, is a well recognized form of fair use. Its allowed under law, but I dont know whether Laurel would allow it.
2 additional points.
It is irrelevant on this site whether a writer has disappeared. Permission is still required.
EB's interpretation of Fair Use is a bit too narrow. Parody, for example, is a well recognized form of fair use. Its allowed under law, but I dont know whether Laurel would allow it.
Laurel has allowed parody. For example, two of my stories (one originally a series):
https://www.literotica.com/beta/s/gulliver-completed
https://www.literotica.com/beta/s/just-so-elephant
Both original authors are long dead and their works are in the public domain.
The Pastiches of Oggbashan challenge had my specific permission.
Can't resist: No means NO.
I can understand your frustration. I think it is safe to say that we all have wanted to see a story go on that stops mid stream. But someone else owns that idea and you have to respect their choices.
I ran an idea for another's characters by her. She suggested I develop something on my own, and I did. It is what got me to start writing. I included, with different names, several of her characters in my story plus a bunch of Easter eggs in appreciation for her stories. I had her okay what I write and noted her contribution in my author's note.I’ve had exactly that desire. A story by another author here that I felt would be so much better with a different ending. We’d already chatted online, so I asked, he said sure, go ahead- so I got that permission. I wouldn’t do it without permission tho, however much I enjoyed the story. Haven’t written it yet, but one day.....
I’ve also been asked the same about one of my stories that I haven’t continued and I said yes. They didn’t, which disappointed me - I’d love to see what someone else would do with one of my stories.
But there's no existing copyright in either of the works on which your stories are based, so fair use isn't an issue. One is perfectly free to write a story based on another person's story if the copyright in that story is expired. I'm free to publish an X-rated version of Pride and Prejudice, for example.
Fair Use is only an issue with regard to a story in which the copyright still exists.
Plus, your stories aren't based on the works of other Literotica authors. I don't know if Laurel would allow that even if technically it qualified as parody under US law. The real law here is Laurel's law, not copyright.
You still have to stay away from messing directly with it or it won't be accepted here--nor should it be. No matter how much you want to mess with someone else's work, you don't have a right to do it without their permission. It's just tough if you can't track them down or they're dead. That doesn't make it OK.
But there's no existing copyright in either of the works on which your stories are based, so fair use isn't an issue. One is perfectly free to write a story based on another person's story if the copyright in that story is expired. I'm free to publish an X-rated version of Pride and Prejudice, for example.
Fair Use is only an issue with regard to a story in which the copyright still exists.
Plus, your stories aren't based on the works of other Literotica authors. I don't know if Laurel would allow that even if technically it qualified as parody under US law. The real law here is Laurel's law, not copyright.
Here's another thing to add to the fire.
How does laurel know a story is a continuation or some sort of rewrite? Even if the author mentions that in a disclaimer, does she read them? The screening process here isn't very thorough to say the least. It couldn't be unless people were willing to wait several days for stories to publish and we all know that would lead to 'outrage' so she probably just looks for anything that breaks what few rules the site has.