https://www.fanfiction.net/s/10674206/1 ... d-Mountain
As you might remember I am a fan of Jean M. Earth’s Children series. I have recently come across this piece of fan fiction. If you will, read at least the first chapter and give it a grade of outstanding though poor with outstanding being worth the publishing and poor not worth the time. I think it is pretty good, but I like the series so I might be a little bias. Keep in mind that David Black is an amateur writer that has never been published, so judge his work as that of an amateur .
This guy spent a year if his life writing a story he can never publish; he can never make a penny off this writing. Ms. Auel owns the series. I am not sure of the law, but it seems to me that Jean Auel could publish the story as is; make money off work she didn’t do and not have to pay David anything. Would it not be like building a house on another’s property where the property owner would own the improvement not the builder?
https://www.fanfiction.net/s/10674206/1 ... d-Mountain
fan fiction
fan fiction
I expected to be placed in an air force combat position such as security police, forward air control, pararescue or E.O.D. I would have liked dog handler. I had heard about the dog Nemo and was highly impressed. “SFB” is sad I didn’t end up in E.O.D.
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MajGenl.Meade
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Re: fan fiction
Having written the missing "Flashman in the Civil War" book, I can sympathize with fan-fiction. In order to publish without legal difficulty, one has to remove all semblance of names, relationships and incidents that are unique to the original owner of the rights.
Hence, I ended up with two books - one a direct and unpublishable Harry Flashman novel, and the other a publishable explanation of how Flashman was not actually in the War of the Rebellion but stole the reputation from his old school-chum, Snooks. (Who is a character in Tom Brown's School Days)
But regarding this one... this fan book is appalling and yes, Jean Auel could publish it without making a change and no one would know she hadn't written it.
Hence, I ended up with two books - one a direct and unpublishable Harry Flashman novel, and the other a publishable explanation of how Flashman was not actually in the War of the Rebellion but stole the reputation from his old school-chum, Snooks. (Who is a character in Tom Brown's School Days)
But regarding this one... this fan book is appalling and yes, Jean Auel could publish it without making a change and no one would know she hadn't written it.
For Christianity, by identifying truth with faith, must teach-and, properly understood, does teach-that any interference with the truth is immoral. A Christian with faith has nothing to fear from the facts
Re: fan fiction
I didn t click the link, but if this is about the Clan of the Cave Bear stuff, I was a fan....
Re: fan fiction
I can't vote in this poll, because it depends entirely on the "fan fiction" in question, and the writing skills of the "fan fictioner"...
Our own Gen'l Meade for example, is a gifted practioner of the craft...
Others, not so much....
Our own Gen'l Meade for example, is a gifted practioner of the craft...
Others, not so much....
Re: fan fiction
I don't think so; as I understand what you have written, his work would be seen as a derivative work of her series and would infringe her copyright, so he could not publish. Likewise, he would have a copyright in what he himself has written, and she could neither claim that as her own or publish it because it would violate his copyright.I am not sure of the law, but it seems to me that Jean Auel could publish the story as is; make money off work she didn’t do and not have to pay David anything.
Many publishing houses and production companies have run into problems with this, as someone submitting an unsolicited manuscript or TV/move script employing the characters, settings, etc. of a series will claim that a later work is based on his/her submitted work. Because of this, most publishers/production companies will return any unsolicited work back to the sender unopened.
Re: fan fiction
Big RR wrote:I don't think so; as I understand what you have written, his work would be seen as a derivative work of her series and would infringe her copyright, so he could not publish. Likewise, he would have a copyright in what he himself has written, and she could neither claim that as her own or publish it because it would violate his copyright.I am not sure of the law, but it seems to me that Jean Auel could publish the story as is; make money off work she didn’t do and not have to pay David anything.
Many publishing houses and production companies have run into problems with this, as someone submitting an unsolicited manuscript or TV/move script employing the characters, settings, etc. of a series will claim that a later work is based on his/her submitted work. Because of this, most publishers/production companies will return any unsolicited work back to the sender unopened.
Sorry Big but I feel you are wrong.
I agree that you are the lawyer, the expert in the law, but I do know right form wrong. It is wrong to take what belongs to others. Let’s use the land analogy. If someone builds a house on your land and then claims the house, they impacted your right to use your land as you see fit. Just having a house on your land that you did want effects what you could build on it. He could force you into negotiations to buy a house you never wanted. They way to prevent this is to have a simple rule: If you build on land that you don’t own you have to claim on what was built. The same should apply to publishing.
In the same way Jean Auel should have the right to control her property as she see a fit. How do we know that she had not planned to write a story about trouble in the north and Ayla leading an expedition to the north to set things right, we don‘t. She should not have to worry that she might be using themes that David wrote first. When it come to the Earth’s Children Series she owns it and she should be able to write and publish what she wishes with no concern for what other have wrote about her characters.
I expected to be placed in an air force combat position such as security police, forward air control, pararescue or E.O.D. I would have liked dog handler. I had heard about the dog Nemo and was highly impressed. “SFB” is sad I didn’t end up in E.O.D.
Re: fan fiction
Not entirely Liberty. In your house example:
The land owner may be completely within his or her rights to force you to remove what you built from his land (ignoring adverse possession). But the difference is that he is doing something that will affect the value/use of your property.
Compare this with a person writing, but not publishing, a derivative work. If it is not published, there is no change to the property right you own. You can prevent any publication, and are entitled to damages if (s)he does publish, but copyright law covers, but otherwise you still have the same property you did before.
As for restricting her themes, this will only occur if she saw his writings before and he can demonstrate by evidence that she copied it from his writing (basically he would have to show that she had access to his writing and she copied it in her new book). She is free to write on any theme she comes up with on her own. To avoid any hint of her being influenced by his writing, publishers (and authors for that matter) routinely return any unsolicited manuscripts unopened--which is basically evidence that she could not have been influenced by it because she did not see it.
Remember, copyrights are very different from ordinary property concepts in both remedies and duration (one owns one's creation only for a limited time; one owns real property forever unless you transfer ownership to another person, etc.). For example, a songwriter may be forced to allow anyone who wants to perform his/her song to do so for a statutory licensing fee whether the (s)he wants to do so or not. the rights to control one's intellectual property are not absolute.
The land owner may be completely within his or her rights to force you to remove what you built from his land (ignoring adverse possession). But the difference is that he is doing something that will affect the value/use of your property.
Compare this with a person writing, but not publishing, a derivative work. If it is not published, there is no change to the property right you own. You can prevent any publication, and are entitled to damages if (s)he does publish, but copyright law covers, but otherwise you still have the same property you did before.
As for restricting her themes, this will only occur if she saw his writings before and he can demonstrate by evidence that she copied it from his writing (basically he would have to show that she had access to his writing and she copied it in her new book). She is free to write on any theme she comes up with on her own. To avoid any hint of her being influenced by his writing, publishers (and authors for that matter) routinely return any unsolicited manuscripts unopened--which is basically evidence that she could not have been influenced by it because she did not see it.
Remember, copyrights are very different from ordinary property concepts in both remedies and duration (one owns one's creation only for a limited time; one owns real property forever unless you transfer ownership to another person, etc.). For example, a songwriter may be forced to allow anyone who wants to perform his/her song to do so for a statutory licensing fee whether the (s)he wants to do so or not. the rights to control one's intellectual property are not absolute.