Brokeback Mountain: Our Community's Common Bond > Brokeback Mountain Fan Fiction & Poetry

BBM Fan Fiction Feels the Chilling Effects

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louisev:
 
Try this link, maybe they reworked the fan fic link:

http://www.chillingeffects.org/copyright/

souxi:

--- Quote from: RouxB on July 06, 2007, 08:31:45 pm ---Not much we can do about it so we may as well ride it as long as we can.

I better speed up on saving the stories I love.

 O0

--- End quote ---

Yes me too. I just found this thread. I,ve been frantically saving stories this morning. I,m still thanking my lucky stars I got my copy of SN before it got taken down. What a bunch of killjoys these legal people are. >:(

louisev:
It could be that the owners of the copyright to BBM do not understand the mismatch between the actual experience of the fans in their desire to interact with the story through fan fiction, and the notion of protecting themselves commercially.  The audience for BBM fan fiction are those who have already invested heavily:  most BBM fans have multiple copies of the book, the Story to Screenplay piece, copies of the screenplay, many copies of the DVD, and have aired the film in theaters five, ten, sometimes fifty times, before turning to fan fiction - the only medium that remains both new and interactive (because unlike Star Trek - there are no possible sequels).  The iidea of commercial competition, of robbing the authors of potential revenue - is certainly absurd here.  I have read in press commentaries on fan fiction, that this genre actually generates a greater market for the original, and that it is sometimes welcomed by those being imitated, and if the goal were greater interest in the story - these should be welcomed. 

But until there is a sea change in the definition of Fair Use, at least in North America - the exclusive rights to derive the work remains with the holders of the copyright.  As an author, this comforts me.  It means that when and if my writing gets the attention of a wider audience, I have protection against someone who might use the idea to make a film of it, taking the story and running with it and affording me no credit and no recourse.  But on the other hand, laws in some European countries are far more restrictive, having no clause or provision for critical commentary, parody, or other 'fair use' provisions that exist in American laws, and this may be evidence of a future narrowing of the definition of 'fair use.'

As it stands now, those who have the gold - the successful, famous authors and screenwriters and filmmakers - will always be able to call the bluff of a penniless fan fiction writer who does not have $100,000 to lose by challenging a multinational media firm and losing on an unfavorable interpretation of Fair Use.  We are not on equal ground - fan authors are not commercial money making publishing houses - they do not have well heeled New York lawyers.  We may never have them.  But we will have the long lasting memory that what inspired some of our most heartfelt writing inspiration, was dampened in its expression by those who have already benefitted greatly from our enthusiasm, and who will continue to benefit from it.

yb:
From Lucian's announcement, he sounded like he's planning on 'publishing' his story, would this be the trigger point to the lawyers?  The first one had published her story as a fanzine, then you (a misunderstanding of your intention) and Lucian's.  It seems like 'publish' is the word that leads to this action.

Do you mean DC has now imposed a regulation not to discuss the fanfics even in the designated thread?  I've deleted my account recently so I don't know what has been going on over there. 

Penthesilea:
I remember my reaction when I first heard of Fanfiction. Before BBM, I had no idea that something like this exists, let alone what it means.

One of my first thoughts was: this can't be legal! And for my personal sensation (coming from one of those European countries with stricer laws than the US) it is rightfully illegal.
Speaking especially of BBM here: I read FF, I enjoy it and I even write it (only to a very small intent). I have grown very fond of some FF stories.

But: my personal sense of justice still tells me it's not legal what we do. And apart from the legal aspects, I am even not sure what I think of the moral aspects. But this is not the topic here, it's only about the legal aspects and we should try to be level-headed on this topic.

The characters do not belong to us. They belong to Annie Proulx in the first place, and to Ossana/McMurtry and the publishers . And if one of the owners of the story (respectively their legal representatives) demands to withdraw a FF, they have every right to do so. It's nothing to fret about. We can regret it, we can feel sorry for the author and sad when a story is no longer available. But my peronal feeling is that we have no right to be angy about it.
I think every author of FF should be aware that s/he writes on the risk of being told to withdrawl the story. I think we should be aware that what we do is not legal.

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