cthia wrote:@joat42, give it a rest already. We have a moderator. It isn't you, thank God. You can always report my posts.
Good to know that you care so little about rfc's wishes and how it can negatively affect him.
rfc wrote:As Mike pointed out in his post, it leads to a situation in which an author can be accused of "ripping off" someone else's idea, which can both impugn his/her honesty and even lead to ugly courtroom scenes as some non-pro attempts to sue because his or her original idea was "stolen" by a pro. (This has actually happened.) It would also be possible for a pro actually TO rip off an idea, perhaps without even realizing that he or she has done so. (I have never seen any actual documentation of such an event, but I HAVE seen a couple of stories, by authors who shall remain nameless, in which I personally suspect that that is precisely what happened.)
Even more importantly, the publication (even in electronic form) of fiction based on a writer's work, without the specific, documented permission of said writer (on a case-by-case basis) can void the writer's copyright. This has actually happened, and does not represent mere paranoid fantasy on my part. Nor am I the only writer concerned about it. Misty Lackey, for example, has a legal contract form drawn up which anyone publishing fanfic in her universe(s) is required to sign and return to her before they may use any of her material. (I have a copy of it thumbtacked to my wall for use as a model if I ever decide to go that way.) Anyone who publishes WITHOUT said signed contract is in violation of her copyright and she will, if it comes to her attention, take legal action against them. (Mind, I suspect many authors in such a position might take some pains to avoid having the unapproved fanfic come to his/her attention if he/she believes the fans' intentions were pure, but there is a limit to how many times someone can look the other way and still convince a judge, at need, that his/her ignorance was genuine.)
I deeply regret that this should be the case, as fanfic is often at least as imaginative and enjoyable as anything the writer who created the character/universe/whatever is likely to turn out. It is also rather flattering to an author to know that other people want to come over and play at his house, as it were. Unfortunately, the situation has become such that a writer cannot allow the free use of his universe without risking the loss of his own rights to it, and so I must regretfully ask that no fanfic appear on this group. Should that happen, I would have only two choices: (a) to take legal action (which I would hate to do and would endeavor to make as painless as possible for all concerned), or (b) leave the group and not return, as the only way I could avoid taking legal action NOW and still be in a position to defend my copyright down the road at need would be to avoid learning that the fiction was being published, electronically or otherwise. Since I would like to lurk and keep an eye on what's happening whenever projects (and things like weddings and house buying expeditions) allow me the time, I would very much appreciate it if it didn't happen here.
Again, my sincere regrets at having to take this position. I checked with my attorney when the matter first came up for me a couple of years ago, however, and he confirms what Baen, Misty, Roger Zelazny, Fred Saberhagen, and several other pros had all told me on previous occasions. With that much experienced opinion on one side of the question, I see no choice but to believe they know what they're talking about.
Take Care,
David
