Question for Laurel

[TheEarl]

There's a very long disclaimer before the Celebrities section about how celebrities should be prepared for parodies as the price of fame. However what are the legalities of using characters and situations from a book? Although this is technically plagiarism and stealing copyrighted material, plenty of people take plots and characters from television shows.

Probably won't write a story like this, but I'm curious over the legalities.

The Earl

 

[KillerMuffin]

According to US copyright law parodies are illegal without consent of the copyright holder. Fan fiction is a parody of whatever movie, book, show, whatnot that it was ripped off of. Fan fiction is illegal and fan fiction writers can be forced to remove publications of such things.

However, it's a bad idea to sue your fans. They get pissy and your whole fanbase gets pissy. Fan fiction is all over the 'Net and is generally considered harmless or a necessary evil. They put up with it for the same reason RIAA and the recording Industry is pulling their hair out over peer to peer file swapping. It can't be stopped without massive international litigation that takes years.

Mostly, from the few fanfic sites I've looked over, they don't make money from it. It's just fans doing what fans do, that's generally good for business. Most copyright holders look the other way so long as no one is making a buck or two off of their creations.

The site's personal take on the matter is ???

 

[TheEarl]

Thanks Killer. As I live in the UK, we're subject to a stupid law which prohibits anything "with the potential to corrupt and deprave." Which could mean anything. So while you in America may be protected by the constitution (see lengthy disclaimer in Celebrities section), I'm not entirely sure of my legal position.

The Earl

 

[jon.hayworth]

Earl,

You have voiced a concern of my own. Because in English law relating to Libel the phrase "to publish" means to communicate to a person or persons. I believe that we run the risk of being sued on the grounds that when you press the "submit button" it could be said that one is publishing the defematory material.

One might imagine that the European Convention on Human Rights as now a part of UK law should protect the writer under the section relating to Freedom of Expression. However in Europe this has not been so as the court has consistently defended the individual's right to privacy.

I only studied law at a basic level for legal execs, but my opinion is that if you are worth sueing be carefull. You as the author would probably be deemed the publisher and if you are based in the UK could be held liable.

Maybe someone who has a greater knowledge of English or Scottish law could give a more authorative opinion.

jon