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fanfictions come under dmca?
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fanfictions come under dmca?

 sam-maximum sam-maximum Member
edited April 2013 in General

i am using blogspot google service . in february few of my fanfiction posts were reported under dmca . there were just future course of predictions and had expired [more than 6 months old] . also before blog appeared in top5 in seach results and now its nowhere . traffic hit badly.

at chillingeffects no results were shown .now there seach database is closed . there exist many sites who receive daily dmca and their links are even removed from google search and still quite active and going on and the same sites other content is listed in top google search results [ except dmca reported content]

so?

Comments

  • texteditortexteditor Member
    edited April 2013

    Might depend on how terrible they are.

    Sega doesn't want their famed hedgehog associated with your weird Sonic/Robocop slashfic-erotica

  • You are using copyrighted content to do stuff so it is. They can issue a DCMA if they want to. In most cases they don't as fanfiction is free promotion.

  • Chilling Effects and TechDirt both have nice writeups on the subject.

    The short and sweet is that yes, the copyright owner of the thing you're basing it off of can DMCA you if they feel so inclined, unfortunately.

    @texteditor said: Sega doesn't want their famed hedgehog associated with weird Sonic/Robocop slashfic-erotica

    There goes my reading material.

  • blog had only fanfictions and everyone know here what dmca is and what it do.
    maybe they didn't liked fanfications based on their fav.characters

  • XeiXei Member

    That's unfortunate. Can't believe they'd issue DMCA over fanfiction now -- I used to write fanfics (in the 90s). :\

  • @Xei said: Can't believe they'd issue DMCA over fanfiction now

    I don't think this is a new thing

  • fanfictions.net is completely based on it

  • i doubt many hosts in europe and asia would give anything about some DMCA for fanfiction, thats probably one of the most common ones to get ignored (along with the automated torrent crap)

  • joepie91joepie91 Member, Patron Provider

    @concerto49 said: You are using copyrighted content to do stuff

    Uh, no. I'm pretty sure you're using trademarked stuff, not copyrighted stuff.

  • DomainBopDomainBop Member
    edited April 2013

    @William said "i doubt many hosts in europe and asia would give anything about some DMCA for fanfiction"
    @joepie91 said "Uh, no. I'm pretty sure you're using trademarked stuff, not copyrighted stuff."

    If it's a trademark violation then technically hosts in the US shouldn't be doing anything if a DMCA is filed for fan fiction because the DMCA law only covers copyright violations. If there's a trademark violation you need to send a cease and desist notice not a DMCA.

  • concerto49concerto49 Member
    edited April 2013

    @joepie91 said: Uh, no. I'm pretty sure you're using trademarked stuff, not copyrighted stuff.

    It could be both. I used to write at fanfiction.net and other fan fiction sites :(

    Anyone want to read my original fiction though?

  • joepie91joepie91 Member, Patron Provider

    @concerto49 said: It could be both. I used to write at fanfiction.net and other fan fiction sites :(

    Anyone want to read my original fiction though?

    As far as I know, copyright only covers execution, not idea.

  • @DomainBop said: If there's a trademark violation you need to send a cease and desist notice not a DMCA.

    Minor detail, but DMCA is a form of C&D

  • I regularly get DMCA notices about one of my sites. If you leave them unchallenged, Google will bury you. July 2012 is when Google instituted the copyright penalty. I reply to every DMCA with a counter-notice. So far, Google has reinstated all my content, and I have not been sued once.

    Excuse this old geezer, but I am not sure what fanfiction is, but it sounds like it would fit under the fair use doctrine. If you write a story about the SEGA hedghog and label it appropriately - you don't clam ownership of any of the trademarks, your work is just your attempt to visualize the characters from your perspective etc, I don't see why you could not win a DMCA dispute.

    There will always be DMCA jerks, trademark owners who will try to stop you even using a "mark" in anyway without the owner's permission. But that does not mean what they are doing is legal. Do some research, understand the issues and law. You can get a reasonable working knowledge with a decent comprehension and 5 or 6 hours work reading and thinking. Once you have one, you will have a sense of what side of the line you are on. Once you think you know, if you want to fight for your site and you believe in it and where you actually are on the issue, fight if your site is worth it to you.

    If it is not, then don't, but don't complain about your site being buried.

  • joepie91joepie91 Member, Patron Provider

    @MTUser2012 said: I regularly get DMCA notices about one of my sites. If you leave them unchallenged, Google will bury you. July 2012 is when Google instituted the copyright penalty. I reply to every DMCA with a counter-notice. So far, Google has reinstated all my content, and I have not been sued once.

    Excuse this old geezer, but I am not sure what fanfiction is, but it sounds like it would fit under the fair use doctrine. If you write a story about the SEGA hedghog and label it appropriately - you don't clam ownership of any of the trademarks, your work is just your attempt to visualize the characters from your perspective etc, I don't see why you could not win a DMCA dispute.

    There will always be DMCA jerks, trademark owners who will try to stop you even using a "mark" in anyway without the owner's permission. But that does not mean what they are doing is legal. Do some research, understand the issues and law. You can get a reasonable working knowledge with a decent comprehension and 5 or 6 hours work reading and thinking. Once you have one, you will have a sense of what side of the line you are on. Once you think you know, if you want to fight for your site and you believe in it and where you actually are on the issue, fight if your site is worth it to you.

    If it is not, then don't, but don't complain about your site being buried.

    This, this, and this. All of this.

  • MaouniqueMaounique Host Rep, Veteran

    I think using the name and identical characters might be an issue with DMCA, but change that and you will benefit from the 30% difference to be considered an original work.
    Make hedgehog purple and call it Edgy and things might become unwinable for the DMCA ppl.

  • joepie91joepie91 Member, Patron Provider

    @Maounique said: I think using the name and identical characters might be an issue with DMCA, but change that and you will benefit from the 30% difference to be considered an original work.

    Make hedgehog purple and call it Edgy and things might become unwinable for the DMCA ppl.

    That kind of defeats the point of fanfiction, and really shouldn't be necessary.

  • MaouniqueMaounique Host Rep, Veteran

    @joepie91 said: That kind of defeats the point of fanfiction, and really shouldn't be necessary.

    Indeed, the rest of the stuff is already original work, but they might have TMs on names and certain aspects.
    But, anyway, leaving DMCAs unchallenged plays in their game, they are actually betting on that.

  • jeffjeff Member

    I had a nasty gram from CitizenHawk... I agree with > @Maounique said: But, anyway, leaving DMCAs unchallenged plays in their game, they are actually betting on that.

    They actually tried to tell me that my domain webhoot was infringing with webroot. I LMFAO when I found out that their HQ was a few miles away and it turned out to be the UPS Store.

  • DimeCadmiumDimeCadmium Member
    edited April 2013

    http://en.wikipedia.org/wiki/Legal_issues_with_fan_fiction

    Respond to the DMCA. If it's truly your original work based in the subject world, it is probably not valid.

    "Works of fanfiction are more likely to constitute fair use if they are “transformative” with respect to the original work, if they are non-commercial, if they appropriate relatively little of the original work, and/or if they do not tend to detract from the potential market for or value of the original work."

    @Maounique said: Indeed, the rest of the stuff is already original work, but they might have TMs on names and certain aspects.

    Trademarks are not copyrights. They are a whole different ballgame, and DMCA is a copyright-infringement protection, not a trademark-infringement protection.

    "Unlike copyright, however, trademark rights are not automatic. To establish a right in trademark, the rights-seeker must establish that his/her mark acts as a distinctive "source identifier" for a particular type of good or service. Thus, trademark rights may arise when a fictional character’s name or likeness may serve to identify the source of an entertainment product or related good."

    Thus "Harry Potter" would be covered; "Draco Malfoy" would not.

    -

    Also, as has been said, most companies don't even bother with fanfictions, for several reasons. It would be difficult to sue for them, for one. They're (generally) non-commercial, and they almost certainly do not detract from the value of the original work (since most fanfics are written with having read the original work in mind).

  • well many fanfictions with same characters have no problem and many predictions[more than 6 months old are now in draft]

    i would have made changes if i knew what irked dmca but chillingeffects showed no result and their search database is our of order past 2 months

  • in that case i think i need to move from blogspot to some host that ignore such things
    any recommendation? country? webhost?

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