Quote:
Originally Posted by HarryT
With respect, it's not that simple.
If you "turn a blind eye" to "derivative works" from fans, that gives other less scrupulous people a precident to claim that you have previously permitted such works, hence their derivative work, sold for profit, is "OK". Copyright holders have to be very careful about such things.
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No, they don't. Trademark holders have to enforce their ownership; if they fail to do so, the mark becomes public. Copyright owners face no such restrictions--they can allow free fan works galore, and still go after anyone who tries to make a profit. Or they can allow sci-fi conventions to sell copies of their works for $5, and still go after rival publishing houses that try to do the same thing.
Copyright isn't a "use it or lose it" situation--copyright gives one the
right to choose what copies to allow. There's no "but he's already doing it" exception with copyright. (Nor is there, "they prosecuted the last 40 people who gave away a copy, so we must assume they'll file suit about this one." Which is why the DMCA requires specific complaints rather than allowing copyright holders to file a "no copies allowed" statement somewhere.)