zoebeth ([info]zoebeth) wrote,
@ 2007-08-08 18:00:00
Previous Entry  Add to memories!  Tell a Friend  Next Entry
Just ran across a fantastic essay about the legal responsibilities of Six Apart/LJ as it pertains to fandom. The information presented in this essay is not new to me, however, the author manages to be much less snarky more eloquent than I would be in explaining such matters.  As this was passed on to me via my friends list, I now pass it on to my friends list. I highly recommend anyone involved in any fandom to read this.

The Terrible Secret of LiveJournal

(5 comments) - (Post a new comment)


[info]kcsfels
2007-08-09 12:38 am UTC (link)
Very interesting read.

(Reply to this)


[info]selinamoonfire
2007-08-09 01:22 am UTC (link)
Interesting, but it kind of makes me wonder if I should pack up my fandom toys and keep my writing to myself.

(Reply to this) (Thread)

[info]zoebeth
2007-08-09 07:41 am UTC (link)
I guess the decision would depend on several things, mainly 1. the fandoms you write, and 2. the content of your stories.

1. Some companies/authors are more friendly to fandom and look the other way most of the time (Papa Lucas). Other folks are not so tolerant (Anne Rice). Keep in mind that, whether the company/author/creator is tolerant or not, what you are doing is still technically illegal. Hell, our icons are technically illegal. So I guess the best you can do here is find out what the fandom in question's tolerance level for fan activities.

2. If you write sexual situations in your stories, you might want to do some research on obscenity laws in this country. In a nutshell, the Supreme Court refuses to define obscenity, leaving that up to individual communities. Therefore, what is not considered obscene in New York might be considered obscene in Ohio - it all depends on the community standards. It doesn't matter that pornography (and yes - fan fic with sex is technically pornography) is legal, if it exists, then I promise that someone somewhere finds it offensive. What does that mean? Law enforcement officials can use this loophole to bust pretty much anyone they want under the obscenity clause. Sure you can fight it and perhaps win, but you are going to loose a lot of time and money and suffer a great deal of humiliation in the process.

I am not suggesting you stop showing your work to the world. I am only suggesting that you educate yourself as to the legal ramifications associated with what you are doing. For the most part, I wouldn't worry too much about the copyright issues - you are not charging money for your work. However, if you include sexual activities or situations in your stories, it might do you some good to do some research.

(Reply to this) (Parent)

[info]sakuracorr
2007-08-09 04:09 pm UTC (link)
I think it is not defined properly in terms of what is legal and what isn't, but overall fandom needs to stay out of courts, because that helps us that it hasn't been defined. As soon as it is, we can be prosecuted a lot more easily.

Either way, if I got a C&D letter, I would do what it said, and I think things should stick more to that.

(Reply to this)


[info]jaina47
2007-08-29 01:29 am UTC (link)
So I just ran across this...It's always sobering when you get reminded that most of your hobbies are illegal.

I do however, appreciate the link to the article. That's probably the most clear spoken, without ranting and being unintelligble, thing that I've seen written about fandom and Six Apart. It's always good to be informed.

(Reply to this)

(5 comments) - (Post a new comment)

Create an Account
Forgot your login or password?
Login w/ OpenID
English • Español • Deutsch • Русский…