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Greetings, all--some of you may know me, I'm one of the archivists associated with The Gossamer Project (Deirdre).

In recent months, there seems to have been a major upswing in the material plagiarized from old XF fiction into stories posted on Fanfiction.net. And a corresponding complete silence/non-responsiveness from FFN in regards to reports of that plagiarism. Despite explicitly stating in their content guidelines that copying from previously published material is not allowed, it doesn't seem like anyone over there gives much of a damn (not unexpected, really).

Up to this point, the community pile-on behavior has almost always eventually served to at least get the plagiarized material taken down. But we've got a couple of "authors" on FFN who have realized that they're perfectly welcome to blow raspberries at the outraged original authors and continue on their merry way; or have just ditched the account and left the plagiarized stories posted.

Do you think that pointing some of the original authors at information about writing a valid DMCA complaint and sending it to FFN would be an appropriate response here? I'm at the point where I'm out of less-legal suggestions to make. Also, my understanding is that a DMCA complaint is going to require some type of formal contact information for the person filing the complaint--exactly how much is required under law?

Blog Article

I need some advice and a friend pointed out me to here.

I have a blog, that is licensed under a Creative Commons Attribution - No Derivative Works 2.5 Canada License, where I post articles.

I was approached by a person from a non-profit organization that does a magazine of special interest topics that I write about, and was asked by this person to submit an article to the organization for the magazine.

So I sent an article to that person via email. There were no contracts, waivers, or anything other than the request and stated interest that the organization is interested in my articles and my writing as being contributing material.

It may be a minor detail, but the article has been, so far, not published in the magazine, and I'm not entirely sure that anyone other than the initial contact person even has a copy of it.

The organization is now having difficulties, and I have been told that I am not allowed to publish my article anywhere else, without the organization's permission.

I am confused, since the article was originally published on my personal blog, and I don't know whether the organization can actually tell me where I can and can not publish that article.

Can anyone here help me?

clarifications:

1. Yes, the organization is fully aware that the article was originally published on my blog. When they contacted me, they specifically asked whether I'd like to submit one of the articles on my blog to be published in their magazine.

2. No where on the site is there information about submitting articles to be published in the magazine. Only the general contact information, and definitely no small print. The website is also mainly under construction as well.
And nothing about contracts, copyrights and/or waivers were mentioned when I was approached.

3. I heard about the organization claiming copyright over my work by the person who first approached me. To be honest, this person was very confused as well whether the organization could do this.

4. Also, I'm in Canada. The organization is supposedly international, but based in the States. The magazine they publish is online.

need some advice

we created a supernatural fanbook this year as gifts for jensen jared and eric kripke to show how much their fandom love them etc.
we then sold them to people who took part in the book as keepsakes for the memory of taking part and so they knew how the books turned out. we did not make any profits from these books what so ever the costs were purely the printing costs of the books from the website we used that would postworld wide

we are looking into making a vol2 again and yet again selling them again at no profits price pureply printing costs. for the fans that took part in the 2nd one to keep again as a keepsake. as were are printing a few to give to cast and crew again next year.

we include fanart, fanfics and photos from show and the stars.
we did put a disclaimer in the book saying that we dont claim any of the pics and characters are our own etc. and that we made no profits from the books what so ever. so that they knew that we would no make profits from the sales of the books at all and they understood why we added fanfics and pictures etc.

ive never heard back any complaoints from the 1st book and wondering will we end up getting into trouble making these books even tho we are putting disclaimers in and that we make no profits what so ever!??

Hrrrmmm...

Does anyone who has been more closely following "SurveyFail" and it's attendant fall out know if the fact that collecting any sort of identifying or demographic information from those who may be under 13 is punishable under COPPA and that there may also be other legal liability based on the fact that minors are potentially being solicited regarding their sexual feelings and habits.

Just curious. I've seen a ton of discussion re: IRB approval and other norms and standards for sociological research, but I haven't seen any discussion of possible legal ramifications -- either for Livejournal as a host or for the researchers and their publisher.

ETA:

For those who may want to play along at home here's a link to the final FTC COPPA rules.

I have a research question...

In my magnificent new WIP (ha!), I'd planned to have one of my heroes announce that he's running for president at the end. Here's what the Constitution says about qualifications for running for the presidency:

"No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States."

So does that mean that my hero, an American expatriate who's lived in Italy for the past ten years, will have to wait another fourteen years after he moves back to the US before he can run, or do the first thirty-five years of his life count? (And BTW, he did not give up his US citizenship while he was living abroad.) I can't think of a past precedent for this, so... interpretations, anyone? ;)

ETA: The character does maintain a home in the US, and visits the country regularly. He also owns a corporation based in the US.
hi!
no lawyer at all, but last year I bought a copy of Lessig's "Free Culture - The Nature and Future of Creativity" , which is actually from 2004, and had it lying around unread, till well two weeks ago.
wow, that book, even if I just understood like 30% of the content (due to English not really being my first language), it was hellish fun to read, and see how much of the things he predicted, came true.
It does not mentioned fandom as we have here, but from my understanding, it still had a ton of connections to what we have created in fandom, and to the topic of transformative works!

Fun, fascinating and freely available also as a PDF on the author's site:
http://www.free-culture.cc/freecontent/

and no kidding, in one of my newsfeeds came up this today, free for dl as MP3:

Lawrence Lessig on the Google Book Search Settlement - "Settlements: Static goods, dynamic bads" [AUDIO]
http://blogs.law.harvard.edu/mediaberkman/2009/08/03/lawrence-lessig-on-the-google-book-search-settlement-settlements-static-goods-dynamic-bads-audi/

Larry Lessig, Professor of Law and founder of the Stanford Center for Internet and Society speaks at the Berkman Center workshop "Alternative Approaches to Open Digital Libraries in the Shadow of the Google Book Search Settlement" held July 31, 2009.

Sponsored by the Berkman Center for Internet & Society, the Harvard Law School Library, and Professors Charles Nesson, John Palfrey and Phil Malone.

so, yeah, some of you probably have seen this too, but I thought, I just jump in and share, before I prepare myself for the Merlin Big Bang tonight :D

Catcher in the Rye case....

Some thoughts on the recent copyright infringement case involving Salinger's Catcher in the Rye.

(By way of standard disclaimer, I'm a novice with respect to copyright law).
So a group of us are going to be starting a fan site to a one-shot character whose only appearence was ten years ago, although the series (Pokémon) is still running.

At the time the movie came out, there was a comic loosely based on it that came in an issue of CoroCoro magazine. What would the legality be of putting the full scan of the adaptation on the site? Given that the adaptation was never available for individual purchase and was never reprinted.

The same applies to the program book given at the theater. Would it be acceptable to post the whole thing since it was never really for sale on its own? And there's two versions of the program book--one given at Japanese theaters and one as a promo for an American hotel chain (it was in a larger booklet with things we wouldn't be putting up, like crosswords and general series things).

We won't have any video clips save for fanvids, if any, but would audio clips be OK? We want to have at least one clip of the character from all the languages he's in. Would that go under the individual dubbing companies of each language?

Also, scans of books. With each Pokémon movie, they release a retrospective of the movies before it, so there's a lot of stuff out there about this guy (although admittedly most of it says the EXACT SAME THINGS over and over again, but I digress). Would it be acceptable to have those scans? Or should we just cut out the middleman and post the translations in plain text? Mostly they'd be up BECAUSE we haven't gotten all of them translated yet.

If it matters, our prospective host is in the UK, and she said that in the UK, copyright defaults to the country of origin, which we thought meant Japan, but someone else said that "country of origin" refers to the SITE which means it would be under UK law. Can anyone clarify this? And how would this affect the ability to post screenshots, which seems to be almost completely forbidden on Japanese sites but A-OK elsewhere?

Tags:

Possibly libelous "Russet Noon" drama

I only just joined this community, although I have been lurking with interest for some time. I have also been following the whole "Russet Noon" wank-saga unfold, particularly via Journalfen user Caito's recent fandom wank posts.

I think I've heard enough about the copyright issues pertaining to this "tribute novel," but now this whole mess has taken another interesting turn. The official "Russet Noon" website (which I won't link here, but it's easily Googled) now contains Caito's contact information (including mailing address and phone number, obtained from a Whois search) as well as comments from fandom wank, Youtube, and personal journal entries taken out of context and photoshopped. From these photoshopped pseudo-entries, then, it appears that Lady Sybilla (the tribute novel author) makes some pretty wild extrapolations about Caito and her personal and professional life. I'm not a lawyer but I'm wondering if these extrapolations are considered libelous (or slanderous?) or if they're too vague. I also wonder what Caito's legal recourse might be, if she has any.

ETA: The website has been changed since I posted this, but here are some screencaps for those that might want to check it out:

First, second, and third. All of the contact information was removed from these screencaps.

Anyone care to chime in?
This Community should be used for informative and educational purposes only or to give the public a general understanding of the law.
Nothing in this community, its posts or the comments thereto should be considered as specific advice. Your access to and use of this Community means that you understand and acknowledge that no attorney-client relationship exists between you and any poster or commenter hereto, and that the Community should not be used as a substitute for competent legal advice from a licensed professional attorney/counselor/solicitor in your jurisdiction.

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