Copyright Lititgation Dawning, I Mean, Russet Moon

[neadods]

For the 3 people on the flist that haven't already seen the gathering wank, some bint with the not-at-all-pretentious penname of "Lady Sybilla" has decided to write an unauthorized sequel to the Twilight series called Russet Moon. Which would be fine if she kept it on the net or underground. But no! She's found a publisher (herself) and appears to think that Stephanie Meyer won't turn her burgeoning authorial/printing career into a radioactive chalk outline.

Her basic justification, as quoted on the "publisher's: website, under factual information about copyrights:
When fictional characters become such an intricate part of the popular psyche, as is the case with the Twilight Saga, legal boundaries become blurred, and copyright laws become increasingly difficult to define. [Not really, no. Copyright laws are becoming more and more defined as moronic fanfic authors think they can get away with making money from someone else's work. Old style print fandom was underground for damned good reason, and *they* were just recouping printing costs. You might want to have a word with Ms. Rowling.] [A]ctual cities like Forks and Volterra are used as the novel's settings. Such settings are not copyrightable [True.] I'm going to skip over the bit about vampire and werewolf legends not being copyrightable - debatable depending on use of myth or someone else's copyrighted fictional work, and hit the really "What were you SMOKING?" portion of the proceedings: Copyright laws protect writers from unauthorized reproductions of their work, but such reproductions only include verbatim copying. Characters are only copyrightable if their creator draws them or hires an artist to draw them.

This is so far off reality, I can't imagine what chemical cocktail her source is. It certainly isn't the United States Copyright Office, which covers both Twilight and this LA-based "publisher." That office blows that bullshit right out of the water with the second answer in their Frequently Asked Questions.

Y'know, if you want to plagiarize, you've got to hide it better than that, as Kaavya Viswanathan could tell you.

Apparently "Lady Sybille" thinks no publicity is bad publicity, and "controversy is the mother of popularity." I wonder how cheerful and popular she's going to feel when Meyer swats her like the gnat she is.

Comments

[lagilman]

I've just been jaw-drop about this. I'll willingly discuss with people how far copyright protection should go in the basis of derivative not-for-profit works but this was just...

The WTFkery is off the scale with this woman. Copyright only covers drawn images? Oh, honey. Here's your sign. /Engvall voice

[neadods.livejournal.com]

I think this needs a *couple* of signs - one won't do it!

[iko.livejournal.com]

Holy cow, I haven't seen anything about this at all!

*breaks out the popcorn*

[svilleficrecs.livejournal.com]

*reaches over your shoulder to steal some* *waits eagerly for updates*

(is it sparkly popcorn?)

[harmonyfb.livejournal.com]

Weeeeel, characters really can't be copyrighted (otherwise, all those wise-cracking dames and rascals with a heart of gold in all those romances would be in serious trouble). But specific names and whatnot can be trademarked, which I'm sure Meyer's lawyers have done.

If she wrote the story with different character names, didn't reference Twilight, and used all her own words, she'd be home free.

[lagilman]

actually, she might still be in trouble depending on how many 'identifiers' she used (copyright defense is based on 'confusion in the eyes of consumers', among other items), but it would actually go to court, rather than a slam-dunk bitch-slap.

[lil-shepherd.livejournal.com]

I know the US is different, but in the UK ordinary names and words in the dictionary are not, in themselves, trademarkable (as the BBC knows very well about 'Dr Who'), but only when associated with specific logos, and, even then, only with specific types of product.

In the UK, she might or might not be liable for copyright violation, but she would be in deep trouble under the 'passing off' laws.

[fabricdragon.livejournal.com]

yup.
she's a loon allright.
sigh.. and you know this is just going to get more trouble for the fan fiction writers....

[neadods.livejournal.com]

She must be unaware of the tempest when some Star Wars fan tried to sell her fanfic on Amazon, because it's the other fanfic writers who were the nastiest in taking her down. The sane ones know how much trouble is going to rain down on everyone when crap like this happens.

[chelseagirl.livejournal.com]

As one of those three, and as someone who's studied copyright law . . . there simply aren't words to address the stupid here.

[neadods.livejournal.com]

I know. My first week in the Copyright Dept. in my first job I knew more than this.

[karenmiller.livejournal.com]

And the 'My entitlement issues have rotted my brain' award goes to ...

Oy vez Maria. By all means, swat her like the bug she is.

[neadods.livejournal.com]

What is it with modern fandom? The woman who sold Star Wars fic on Amazon, the guy who plagiarized the Harry Potter encyclopedia, even the Torchwood guy who attributed the quotes he stole from LJ for his book but never asked permission and got his knickers in a knot when some people weren't "flattered" by his appropriation... the phrase "entitlement issues" isn't vast enough for that ego!

[fourzoas.livejournal.com]

I think I need to start gathering and archiving conversations related to this situation; I can definitely use this in a lesson about copyright and fair use.

Clearly this woman is delusional, right?

[neadods.livejournal.com]

I can definitely use this in a lesson about copyright and fair use.

Right up there with the woman who tried to sell Star Wars fic on Amazon and the guy trying to plagiarize Harry Potter.

[shawan-7.livejournal.com]

I wonder how the Twilight fandom will respond.

When some loon tried to do this in Star Wars (at least the lastest loon), the fandom slapped her down fast and hard, and then the Lucasfilm legal department showed up. That's an older established fandom with a range of ages.

My impression of Twilight is that it's more a younger persons (meaning from 12-30?) fandom and I wonder if it will be a whirlwind of wank before the Legal Eagles move in.

[shawan-7.livejournal.com]

Um, never mind. Half an hour with Fandom Wank answers the question.

My this woman is stupid.

[svilleficrecs.livejournal.com]

You'll notice the "russet noon" website is plastered with Amazon Affil ads for Twilight stuff, for which the lady in question will get a cut of any sales. While I'm not sure this is the sole reason, if this thing goes kablooey like I suspect it will, she'll get enough traffic to make a decent buck on affil sales.

[svilleficrecs.livejournal.com]

ETA: Love how she uses what's likely to be copyrighted promo pictures on the site and presumably on the cover art.

[elasg.livejournal.com]

*feels honored to be one of three*

Now, as if fanfiction wasn't already a pretty precarious boat to begin with, suffered solely through the kindness of those whose works inspired it, this bint (such a kewl apropos word!) sounds like she's working on sinking all of it, entirely! Well... I guess the bright side is, I'd save myself $20 a month in website hosting fees... *rolleyes*

[elasg.livejournal.com]

"bad publicity is better than no publicity."

*snort*

Isn't that the same mantra Ann Coulter uses? Oy...

[gonzai55.livejournal.com]

The fan artist hunkers down to hide while this mess blows over.

On the more amusing side, however, my Amazon shipment came in yesterday. Amongst the goodies: Tom Lehrer's 'Lobachevsky'. "Plagiarize! Plagiarize! Let no one else's words evade your eyes! Except, please, always call it research."

[lagilman]

"many a sin has been forgiven for proper citation."

[persiflage-1.livejournal.com]

I'm one of the three...

*points to my icon*

[renn.livejournal.com]

I must be three of three!

Still, the audacity impresses me. *goes pop some popcorn and grab a glass of water to enjoy the entertainment*

[neadods.livejournal.com]

Y'know, you'd think when panfandom has just seen a messy couple of legal takedowns of this sort of thing, the news that this is a Bad Idea would trickle down.

[ignescent.livejournal.com]

re: "Copyright laws protect writers from unauthorized reproductions of their work, but such reproductions only include verbatim copying. Characters are only copyrightable if their creator draws them or hires an artist to draw them."

I take it she never saw the controversy over 'The Wind Done Gone'? She's completely ignoring the concept of 'derivative work'. *sighs*

[neadods.livejournal.com]

Oh, I completely forgot about that one!

I think she's confused parody and derivative.

[wiliqueen.livejournal.com]

This is so far off reality, I can't imagine what chemical cocktail her source is.

From what I gleaned from the F_W coverage before my eyes glazed over, she's (probably willfully) misconstruing some FAQ. Possibly the same one she linked to. Which says it's easier to protect copyright on visually represented characters.

I'm waiting for the whole pile of epic stupidity to be topped off with a "social experiment" cherry.

[neadods.livejournal.com]

I'm not sure she's going to claim social experiment even after she's smacked down. Between the Amazon Star Wars fanfic, the Harry Potter plagiarized encyclopedia, and the Torchwood guy who thought people should be flattered that he bothered attributing the quotes he took without permission, the neofan sense of entitlement is getting ever higher.

While we print dinosaurs look on with amazement and open mouths.

[silmaril.livejournal.com]

All I care about is, salt and butter, or cinnamon sugar for the popcorn?

Elsewhere on LJ someone used the phrase "radioactive chalk outline" about what Meyer('s lawyers), not to mention whichever movie company it was that produced the first movie, is going to leave behind as the remains of this Lady Sybille's publishing adventure, and I agree. But it may be entertaining to watch.

[silmaril.livejournal.com]

Oh, you were the person that used that particular phrase. The perils of commenting hours after first reading the entry, and reading other entries in between. I beg forgiveness. Sparkly forgiveness, if you wish.

[ladyfox7oaks.livejournal.com]

Are you certain there's even going to be an outline left? OR more likely, a glass-lined crater? The stupid is strong with this one, and it burns! (What a combination...)

[--kali--.livejournal.com]

It's not the same publishers as the ones who were going to publish that Harry Potter book?

[neadods.livejournal.com]

I hope not. I don't think so.

[settiai]

*headdesk*

You have to be kidding me.

[neadods.livejournal.com]

Alas, no.

[steviesun.livejournal.com]

I might only be 25 but heck I can understand that there's only fanfic and fanart and fanvids and the like because THEY LET US! But then I joined elfwood years ago and remember all the rules of stuff you couldn't publish in their fanart section. I'm not old enough to be an old fan, and I'm fricking sick of people in 13-30 bracket doing stupid things like this and making all of us look bad. Gah! The stupid it really really burns.

[neadods.livejournal.com]

there's only fanfic and fanart and fanvids and the like because THEY LET US!

Pretty much, yeah. The deal was always "don't let us officially notice you and we won't have to officially do anything about it."