Writing a sequel for someone elses story

[msboy8]

Is it alright if I write sequel(s) to a story if I give credit and put a link to the original story? This person has not been on Lit since '01, cannot be contacted, etc.

 

[cheerful_deviant]

I would say probablly not. I would imagine it is a form of copywrite infringement. You're not stealing their story directly, but using characters, plot, etc that has already been developed and is that other persons creative property.

It would be the same as if I decided I wanted to write my own Harry Potter book.

You probablly could with permission, but if they can't be contacted then you're probablly out od luck.

But that's all just my opinion, I may be completly wrong.

 

[msboy8]

I would say probablly not. I would imagine it is a form of copywrite infringement. You're not stealing their story directly, but using characters, plot, etc that has already been developed and is that other persons creative property.

It would be the same as if I decided I wanted to write my own Harry Potter book.

Thanks for your reply. What about all the celeb stories? They sometimes use characters or situations that are copy writed.

 

[cheerful_deviant]

Thanks for your reply. What about all the celeb stories? They sometimes use characters or situations that are copy writed.

This is the disclaimer at the first page of the Celebrity listings:

The stories in the "Celebrity" section of Literotica are all fictional parodies - none are true, nor are they approved of by the celebrities named in the stories. Authors write these fictitious stories about famous people for the same reason that Larry Flynt made fun of Jerry Falwell, because they can. The Supreme Court of the United States, the country where this site is located, has ruled that parodies involving famous people are perfectly and totally legal under the United States Constitution. The specific case law on this was decided in the case of "Hustler Magazine, Inc. et al. v. Jerry Falwell" in 1988. No harm is intended toward the celebrities featured in these stories, but they are public figures and in being so, they must accept that they are fair target for parodies by the public. We believe in the first amendment, and more broadly, in the basic principle of free speech and this section may push the boundaries of that principle, but the United States Supreme Court has approved of this type of material. We believe that the Supreme Court was correct in their decision.

You can write about the people, but I'm not positive how using an existing show/movie/book fits into that. I believe it's because it's considerd a parody and not an actual knockoff. If you wrote a real episode of a show, using the same characters but didn't put any sex into it, it may fall outside the realm of this disclaimer.

 

[Lauren Hynde]

Thanks for your reply. What about all the celeb stories? They sometimes use characters or situations that are copy writed.

Parodies involving famous people are perfectly and totally legal under the United States Constitution. The specific case law on this was decided in the case of "Hustler Magazine, Inc. et al. v. Jerry Falwell" in 1988.

Fanfiction (not parodies, but stories that make use of characters and settings that are the intellectual property of others) is almost in all cases in infringement of copyright laws. It's not common for the owners of the copyright to take judicial action against writers of fanfiction, but they could if they wanted.

 

[cheerful_deviant]

Parodies involving famous people are perfectly and totally legal under the United States Constitution. The specific case law on this was decided in the case of "Hustler Magazine, Inc. et al. v. Jerry Falwell" in 1988.

Fanfiction (not parodies, but stories that make use of characters and settings that are the intellectual property of others) is almost in all cases in infringement of copyright laws. It's not common for the owners of the copyright to take judicial action against writers of fanfiction, but they could if they wanted.

I knew you'd chime in on this sooner or later.

 

[Lauren Hynde]

I knew you'd chime in on this sooner or later.

I'm feeling exceptionally feisty today.

 

[dreampilot79]

There are a multitude of questions here.. is it ethecal.. NO.

Is legal.. hmmmmm.... depends on the definition of copyrite.

Can you get away with it? Maybe.

There are many works that are based on the Legal Principal.... which is this.. at the cost of lawyers and court proceedings.... you can do a lot that is illegal and unethical because you surmise that the people you are dealing with will be unwilling to put up the money to go after you.

Celebreties are seldom willing to throw their money into suites against people with no chance of winning/getting their money back. They also don't want the publicity of then (giant) going after david.

It is unlikely that an author who hasn't been around in that long would be aware of your violation.... let alone willing to go after you.

Hows that for a mouth full of mush without any answer?

 

[cheerful_deviant]

There are a multitude of questions here.. is it ethecal.. NO.

Is legal.. hmmmmm.... depends on the definition of copyrite.

Can you get away with it? Maybe.

There are many works that are based on the Legal Principal.... which is this.. at the cost of lawyers and court proceedings.... you can do a lot that is illegal and unethical because you surmise that the people you are dealing with will be unwilling to put up the money to go after you.

Celebreties are seldom willing to throw their money into suites against people with no chance of winning/getting their money back. They also don't want the publicity of then (giant) going after david.

It is unlikely that an author who hasn't been around in that long would be aware of your violation.... let alone willing to go after you.

Hows that for a mouth full of mush without any answer?

But just because the author either isn't aware of it or doesn't care does not automatically assume Lit will post it. They may shoot it down if they realize what it is.

 

[Lauren Hynde]

But just because the author either isn't aware of it or doesn't care does not automatically assume Lit will post it. They may shoot it down if they realize what it is.

Realistically speaking, they probably won't (shoot it down). But it's still ethically wrong.

 

[Remec]

I'm feeling exceptionally feisty today.

Funny, I never seem to think of you as anything but fiesty...<smile> so exceptionally fiesty sort of makes the mind boggle...among other reactions, of course <EG>

 

[dreampilot79]

But just because the author either isn't aware of it or doesn't care does not automatically assume Lit will post it. They may shoot it down if they realize what it is.

I would if I were them!!!!! Ain't worth the chance!!!

 

[Quiet_Cool]

I would if I were them!!!!! Ain't worth the chance!!!

What chance is that? What could actually take place?

Consider this, for a moment. In cases when copyright is infringed upon, moral or immoral, nothing is awarded unless money is recieved, and in that case, said money is the only thing in question, unless someone's infringement caused the person holding said copyright damages, meaning things like what we see with file-sharing for music and whatnot online (not that any of us would ever do that... ), where money might have been recieved had said infringement not taken place.

I'll try and say this with less "said infringements" attached. Since we're posting the stories for free, and Lit. is a "free" site, and given that the original story hasn't been infringed upon in any way that might cost the author money (except in the extreme case that a court would decide that its publication elsewhere is in jeopardy) then the most the author can do is say "hey, take that off there!"

It's the reverse of when we find our stories on other sites, save for the fact that in this case, the story itself isn't being duplicated, but merely used as a basis and the characters are being reused.

Q_C

 

[msboy8]

Thank you all for your comments. I could just change the parameters of the story, because this 'world' wasn't very defined. But, I would rather give credit to the original author. That would seem to be more 'correct' IMHO.

 

[Op_Cit]

I think you make a good point in your analogy to the celebrity and or fan fics.

I say as long as you attribute/disclaim at the beginning (maybe even post a link to the original) there's no problem. Some may not like it, this site may or may not choose to post it, but if you're being straight up, there's no harm.

 

[msboy8]

I think you make a good point in your analogy to the celebrity and or fan fics.

I say as long as you attribute/disclaim at the beginning (maybe even post a link to the original) there's no problem. Some may not like it, this site may or may not choose to post it, but if you're being straight up, there's no harm.

Thanls, I have asked the same question of Laurei in PM and e-mail, but have yet to receive a response.

Edited to change a consenant. Lauren to Laurel. Lauren Hyde is very considerate in answering correspondence.

 

[Lauren Hynde]

I'll try and say this with less "said infringements" attached. Since we're posting the stories for free, and Lit. is a "free" site, and given that the original story hasn't been infringed upon in any way that might cost the author money (except in the extreme case that a court would decide that its publication elsewhere is in jeopardy) then the most the author can do is say "hey, take that off there!"

Actually, that's wrong. You may not pay to read stories, but Literotica does make money off of them through advertising. To add to that, there's the matter of moral damage to the image of their characters and settings that the copyright owners of said characters and settings could easily claim.

They probably wouldn't, but they could.

 

[LadyJeanne]

If I were the author of said story, and discovered that you had appropriated my characters, I'd be pissed off. Period.

 

[Joe Wordsworth]

My lawyer says (and I quote):

"If someone does that to you, we sue them... we sue their hole-less butts back to wherever they come from as you have a right to the protection of your intellectual property from theft. Their using your characters/setting/anything significant, not commonplace, and clearly and convincingly a product of yours is a breach. We sue them until they don't remember their names any more. We sue them until they change sexual preference. J.K. Rowling might not care if Hermione is fucking Severus Snape, but if someone borrows your shit... we turn them into a statistic."

Ha, I love my lawyer.

 

[Lauren Hynde]

I found out some time ago that a reader had enjoyed one of my stories very much, and tried to write a spin off from it - a sequel, or the story of a character that doesn't actually make a physical appearance in my story, but is still my character. She wasn't able to finish the story, though, and had given up the idea when I found out.

What I felt when I did find out was tempered by some residual anger from my characters being used without permission, but was mostly glee from someone having liked the story that much.

 

[TheEarl]

My lawyer says (and I quote):

"If someone does that to you, we sue them... we sue their hole-less butts back to wherever they come from as you have a right to the protection of your intellectual property from theft. Their using your characters/setting/anything significant, not commonplace, and clearly and convincingly a product of yours is a breach. We sue them until they don't remember their names any more. We sue them until they change sexual preference. J.K. Rowling might not care if Hermione is fucking Severus Snape, but if someone borrows your shit... we turn them into a statistic."

Ha, I love my lawyer.

I have to say that I'm quite impressed with your lawyer as well.

The Earl

 

[Quiet_Cool]

Actually, that's wrong. You may not pay to read stories, but Literotica does make money off of them through advertising. To add to that, there's the matter of moral damage to the image of their characters and settings that the copyright owners of said characters and settings could easily claim.

They probably wouldn't, but they could.

I can see the latter part (though I'm not sure how much moral damage is worth), but how does the first part matter when the author has no rights to said money, regardless? Especially considering that an amount recieved based on a single story would be nearly impossible to decide?

Curiosity, not argument...

Q_C

 

[yui]

If I were the author of said story, and discovered that you had appropriated my characters, I'd be pissed off. Period.

I would, too. I get pissy when someone only uses the same title I used. I would be beyond pissy if you took my characters or my world. Just saying.

 

[dreampilot79]

My lawyer says (and I quote):

"If someone does that to you, we sue them... we sue their hole-less butts back to wherever they come from as you have a right to the protection of your intellectual property from theft. Their using your characters/setting/anything significant, not commonplace, and clearly and convincingly a product of yours is a breach. We sue them until they don't remember their names any more. We sue them until they change sexual preference. J.K. Rowling might not care if Hermione is fucking Severus Snape, but if someone borrows your shit... we turn them into a statistic."

Ha, I love my lawyer.

Yeah.. I loved my lawyer too.. till he sent me the bill!!!!!!!!!

Had a business deal go bad and HAD to sue (which those in question were banking against)... cost me big bucks.... got a judgement for those same big bucks... but.... they went bankrupt...

They were banking that I would just ignore them and leave the claim until they could get into my business.... Might have worked too, cept the next deal was being blocked and it was worth more!

GD lawyers!!!!!!

 

[msboy8]

Well, the concensus seems to run to the negative. So, No story, Lauren please delete this thread.