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Old 07-11-2012, 09:48 AM   #228
Elfwreck
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Quote:
Originally Posted by HarryT View Post
Strictly speaking you'd be breaking the copyright law of your own country by uploading it. It's not an unusual situation; it happens all the time with eBooks. I doubt anyone would actually care in such a case. Never heard of anyone getting into trouble about it.
It's only breaking copyright law if fanfiction is not fair use. And declaring that someone else in another country *would be* breaking their copyright law, says you have a firm awareness of copyright law in several countries.

Quote:
Originally Posted by HarryT View Post
Absolutely right. You should certainly consult a solicitor who specialises in IP law if you actually plan to take any legal action in cases like this. Free advice is worth exactly what you pay for it.
Been there, done that. The OTW has a legal advocacy arm, which says:
"The OTW believes that fanworks are creative and transformative, core fair uses, and will therefore be proactive in protecting and defending fanworks from commercial exploitation and legal challenge."

Quote:
Originally Posted by HarryT View Post
Yes, thank you, I'm very well aware of that. And if it's covered by fair use, it's not copyright infringement, so there's no issue. What we're discussing here are the cases in which it does infringe copyright.
You make it sound like there's some nice bright-line test that will tell a writer when a work that connects to another is or isn't copyright infringement. Where's the line between "parody" and "infringement?" More important--why should any random fanfic writer believe your interpretation over the OTW's? Theirs is supported by lawyers who've studied both the IP landscape and fanfiction extensively.
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