Nichols v. Universal, 42 F.2d 119 (2d Cir. 1930). saying fanfiction has copyright protection for "anything original" (while ignoring the independent creation element) is like saying all of you making unlicensed legal takes is the same as UPL (an obviously dumb take)
@cplusplussucks@11_bln@natlee36@betaseung That's not true. There have been multiple court cases on the matter, and the decision was made that while the writers don't own the characters, they do own the plots, and copyright is automatically given to anything original in the fic. That's why a fic writer is -
you’ve got to be evil to ruin a young player’s bright career for your 3 seconds of PR. you either treat him like the football player he spent 15 years of his life becoming or you let him go to someone that will
fan art isn't a "legitimate" source of income either. it's also copyright infringement. it's just less enforced currently bc it has a slightly stronger fair use defense since art historically doesnt replace the market for the media in the same way fic can.
Ao3 discourse reminding me that it is VERY funny that fanart is treated as proof of skill for portfolios or a legitimate source of income (patreon/artist alley) but fan writers are all supposed to be possessed by Marx because 20 years ago Anne Rice was in possession of nukes
@corrupt_touch So am I. And fine, have it with the language. It doesn't change the macro point I'm making that nobody has a right to control the distribution of their fanfiction.
non-attorneys talking about ownership is going to cause some copyright troll to take down the concept of ao3. this is actually ridiculous from the drive creator. the fact they have no ownership (as such, the consent question is moot) is why they can write it in the first place.
@corrupt_touch i guess it depends on what you're defining as litigation. we (ip litigators) draft c&d letters all the time and it's billed normally. i guess pre-litigation is more appropriate but i did tweet this whole thread first thing in the morning
whatever happens out of this will be interesting because you have fanfiction writers who will gain some clout while copyright attorneys are looking at a nice, easily winnable case that could tear down fanfiction protection.
all this because people in fandom have no concept of fandom legal history (the anne rice litigation for starters) but also no concept of fandom community history.