everything about this is a terrible idea

[lirazel]

So what do we think the likelihood is that after this Kindle Worlds thing starts that Amazon/Alloy will start going after all the Vampire Diaries/PLL/etc. fic that's published on sites other than theirs? Because that wouldn't surprise me. I'm not saying they'd have a legal leg to stand on (I don't think they would), but I would be surprised if they sent C&D letters to people who have their TVD fic up on other sites.

Comments

[beer-good-foamy.livejournal.com]

Honestly, I think it's the "traditional" fanfic sites that wouldn't have a legal leg to stand on. Fanfic is infringement of copyright, and those disclaimers people put on fic would never hold up in court; most rights holders just don't care because it's not costing them anything. If they get it into their heads that they should be paid for fanfic, and that anyone offering it for free is eating into their profits... They'd be idiots, but they'd hardly be the first idiots in the media business.

I don't think it's anything that's likely to come up immediately, but once Kindle Worlds becomes an established source of revenue, who knows?

[penny-lane-42.livejournal.com]

I don't know--I've heard things both ways from copyright lawyers, so I don't know how it would go if someone actually got taken to court.

I don't think it's anything that's likely to come up immediately, but once Kindle Worlds becomes an established source of revenue, who knows?

I'm kind of hoping it turns to nothing--I mean, Alloy is a giant mess of an organization and it wouldn't surprise me if they totally bollixed it up. I think as long as it doesn't mean something for fandom proper, I'm not going to worry about it too much.

[beer-good-foamy.livejournal.com]

Alloy might be, but Amazon are frighteningly competent most of the time. We'll see if this is just a PR stunt or if they're really going to work it...

[penny-lane-42.livejournal.com]

I guess that was me making the assumption that Amazon's just sort of letting Alloy take care of this while using their name/system in exchange for a cut. But you're right--that could be a completely wrong assumption and I guess we'll just have to see!

[phaedresgarden.livejournal.com]

Actually no, Fanfic is not necessarily infringement of copyright, especially given that most fanfic writers do NOT make money off their work. Most fanfic writers also clearly state that they are well aware that they do not own the characters just the plot. It can fall under Fair Use, again so long as the writer is not attempting to make money on the work.

The Kindle Worlds thing is attempting to basically circumvent the whole idea of infringement or fair use by saying, hey you can write whatever you want in this world provided you follow these rules and provided you don't try to claim copyright over either the plot or the writing. That's actually one reason it bothers me.