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TOPIC: Disclaimers
#13284
ElegantPaws
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Re:Disclaimers 15 Years, 3 Months ago Karma: 11
Nobody wrote:
This has all gotten so complex. i will look into this some more.



I must be stupid, but I do not see why this is becoming such a huge deal. It is simply showing deference to the creator.

We all, at some point, found something within these characters that clearly appealed to us creatively/emotionally/artistically, whatever.

She created them. We didn't. They are hers and each time we write something, we acknowledge this publically. It is called respect.

Why is this causing so much headache?

It's really not that deep and it costs nothing to say thank you.


EP
 
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#13287
Tataru
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Re:Disclaimers 15 Years, 3 Months ago Karma: 5
Priestess Skye wrote:
every other fanfiction site has it as a rule, this should be no different.



FF.net doesn't require one in their rules, at least none I was able to locate and their system requires you to read and accept their rules each time you upload. (and their forums are not very user friendly on locating information let me tell ya)

Mediaminer does state very clearly that they require one, but they deal only with anime and not all the other fanfictions on the net.

So that left one thought, in reading the rules on FF.net, they clearly state which authors and publishers they do not accept works for. It leads one to believe, that they must have researched, and have had extensive contact, both professionally and possibly legally, as to what was acceptable and not acceptable in the world of fanfiction, and as such know that a disclaimer is not needed legally and so do not require one. I'm guessing of course based only on the fact I could find no reference of a disclaimer being required and they (ff.net) are such a large public site that if attention would be drawn by a publisher than they would be hit first and then trickle down from there.

So, all in, I will still be including one anytime I post here regardless. If the site owner asks for one than one will happily be provided. I am still very curious about what the actual law does say about it. Since the law worries more about infringement and whether or not the author and publisher are loosing money.
 
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#13290
Tataru
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Re:Disclaimers 15 Years, 3 Months ago Karma: 5
ElegantPaws wrote:
Nobody wrote:
This has all gotten so complex. i will look into this some more.



I must be stupid, but I do not see why this is becoming such a huge deal. It is simply showing deference to the creator.

We all, at some point, found something within these characters that clearly appealed to us creatively/emotionally/artistically, whatever.

She created them. We didn't. They are hers and each time we write something, we acknowledge this publically. It is called respect.

Why is this causing so much headache?

It's really not that deep and it costs nothing to say thank you.


EP


Your not being stupid at all EP. I think what most of us are more curious about is what the actual law states. I know I'M curious, but then I always am (must be part cat:lol: ). But I do understand your frustration and can empathise. That is why I suggested it be part of the site rules so that people who do take the trouble to read them will know to include a disclaimer.

I do also agree very much with you that a nice nod to Takahashi-sama for her excellent and very brilliant creations, that we enjoy toying with for our amusement, would be a very proper thing to do.
 
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#13295
twiknham
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Re:Disclaimers 15 Years, 3 Months ago Karma: 0
You know, I view disclaimers as a challenge to myself. As a writer, I'm supposed to have some creativity. So...how do I make a disclaimer that is unique to itself? I believe that if I'm going to "borrow" characters from a paid writer/mangaka...I should properly reference that individual and the corporation that took the expense to buy the license/pay the mangaka in the first place. That said, I also add to the disclaimer other people's works, copyrighted items etc... Besides, if you google Twiknham, it takes you right to a fanfic and I want everyone who reads one of my stories that way to understand I'm using already created characters, just adding my own twist. It would be a horrible disservice if someone unschooled in IY to attribute these awesome characters to me. I'd rather be safe than sorry and give the author credit. If the characters are that awesome, why not? Maybe it'll be me getting the credit for characters one day.
 
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Last Edit: 2009/01/20 20:24 By . Reason: misspelled word
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#13296
Ezriee
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Re:Disclaimers 15 Years, 3 Months ago Karma: 10
I'm one of the folks on aff.net that constantly harass you about disclaimers there. It is VERY important to have a disclaimer at least on chapter one of every fic you write (preferably at the top) that states that you don't own and you make no money. Simply "I do not own Inuyasha or any of its characters. I make no money from writing this story." or simply copy/paste the one at the start of this thread. Only takes a few moments and you just have to do it once per story.

Thing is, Authors have gone after fanfic writers, now while I doubt that Takahashi-sama will come over and bit*hslap a fanfic author, its just safest to put that disclaimer. From what I've heard and been told, the site as well as the author can have legal action taken against them. At best, you'll get a cease and desist letter from the attorneys of the creator and then the fandom goes the way of the dodo.

If you go over to fanfiction.net for example, you don't see fanfictions for Anne Rice's works, Archie Comics, Laurell K. Hamilton (I love her stuff ) etc. They have sent some word to Fanfiction.net, possibly in the form of a c&d order, most likely, to prevent the stories from being published and protect the portrayal of the characters they've created and usually want their readers to create characters of their own. (At least, thats what Anne Rice said...)

So please, just take a few moments to make a disclaimer. While the chances are very small, I'd rather put what the admins, owners and mods are asking in a bright ass marquee with little Inuyoukai prancing around it (some with puppy ears, others with poisonous claws) so that EVERYONE who writes on this site SEES that they need it, than see the Inuyasha fandom go away because of a C&D order.(again, very small chance, but still there).
 
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Last Edit: 2009/01/20 20:29 By EzzieValentine. Reason: because I can :)
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#13297
Stacerue
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Re:Disclaimers 15 Years, 3 Months ago Karma: 10
I don't understand how it's getting so complex either. If it is one of this sites rules then it should be followed. Or are only some rules followed and not others? Or is it certain rules only apply to certain members? I know I said I wasn't going to post anymore but I've decided I have the right as much as anybody else, newbie or not.
 
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#13306
Nefret
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Re:Disclaimers 15 Years, 3 Months ago Karma: 12
Ezriee wrote:
While the chances are very small, I'd rather put what the admins, owners and mods are asking in a bright ass marquee with little Inuyoukai prancing around it (some with puppy ears, others with poisonous claws) so that EVERYONE who writes on this site SEES that they need it, than see the Inuyasha fandom go away because of a C&D order.(again, very small chance, but still there).

I think this is a very valid point. Even though no one's been contacted by lawyers yet, doesn't mean we won't be someday, right?

Disclaimers take about a minute at most to compose -- and if they keep everyone happy and keep this fandom flourishing, than I'm happily willing to take that minute to ensure it remains so.

And if by doing so I'm also paying homage to the creator of the series, then I'm all the more for it.


So far it seems like the only thing that can come out of a disclaimer is good, so why not just put one on and call it a day?

 
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#13307
Tataru
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Re:Disclaimers 15 Years, 3 Months ago Karma: 5
Stacerue wrote:
If it is one of this sites rules then it should be followed. Or are only some rules followed and not others? Or is it certain rules only apply to certain members?

Oh no, not at all. Nobody was just giving everyone a friendly reminder to include the disclaimer. I asked if it was part of the rules of the site and if not, maybe it should be so the admins didn't have to remind people of it and the discussion turned into whether or not disclaimers actually protect fanfiction authors or not. That's all really.

However, I think we can all agree that what our fanfiction community would prefer to see, is a disclaimer at the beginning of each story.

I'm happy to provide one and i'm sure all the other wonderful writers here will be as well.
 
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Last Edit: 2009/01/20 21:03 By Tataru.
 
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#13318
Hairann
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Re:Disclaimers 15 Years, 3 Months ago Karma: 54
Stacerue wrote:
I don't understand how it's getting so complex either. If it is one of this sites rules then it should be followed. Or are only some rules followed and not others? Or is it certain rules only apply to certain members? I know I said I wasn't going to post anymore but I've decided I have the right as much as anybody else, newbie or not.

It's not so much that people are asking if they have to or not, more of WHY they have to. We weren't really debating whether or not we have to post it, just explaining the reasons why we do and why it's needed. The rules on this site apply to everyone, 100% of the time. Even the admins follow these rules.
 
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#13333
Nobody
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Re:Disclaimers 15 Years, 3 Months ago Karma: 0
Sorry i didnt mean to confuse anyone, as long as i can remember we had to have disclaimers. So unless something has changed in the past few years that i don't know about, we should have them just to be safe. Besides its not against the law to give credit where credit is due. i doubt a disclaimer would make an issue worse.
 
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#13808
WiccanMethuselah
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Re:Disclaimers 15 Years, 3 Months ago Karma: 277
Nobody wrote:
Sorry i didnt mean to confuse anyone, as long as i can remember we had to have disclaimers. So unless something has changed in the past few years that i don't know about, we should have them just to be safe. Besides its not against the law to give credit where credit is due. i doubt a disclaimer would make an issue worse.

I am one of the offenders. In the first few days of the site being open to posting, I posted a couple of drabbles - really SHORT drabbles - completely forgetting that disclaimers were needed. I'm not even sure if the site rules were posted at that point. Regardless, I have now edited said moldy old drabbles to include the previously overlooked necessary verbiage. My apologies for being eight months late on it!

~~Wiccan~~
PS - Actually, it was rather funny when I looked at the disclaimer vs. the length of the drabbles!!
 
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#13809
Priestess Skye
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Re:Disclaimers 15 Years, 3 Months ago Karma: 696975
lol Wiccan. You amuse me so. Anybody ever tell you lately how much i love you? Karma point for just being you
 
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#13827
WiccanMethuselah
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Re:Disclaimers 15 Years, 3 Months ago Karma: 277
Priestess Skye wrote:
lol Wiccan. You amuse me so. Anybody ever tell you lately how much i love you? Karma point for just being you

OMG. I still don't quite understand how I managed to accrue this fantastic 'karma' stuff, but... okies... never look a gift point in the mouth (if it HAS one)!

Actually, my dear PS... I LOVE YOU TOO!!!! Big, stupendous, ginormous BUNCHES of LURVE! But you already knew that, didn't you? You will, forever and always, ROCK MY SOCKS OFF. And not ONLY for your incredibly talented, unique, ever-so-fantastic writing!!!!!

Period.

Srsly.

~~me~~
 
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