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#376 | |
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Attends The School of AW
Join Date: Mar 2009
Location: Ireland
Posts: 900
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I'm not sure you fully grasp what these stories being published are about. They are not at all taking Twilight, The Hunger Games, or whatever other book complete with world and characters to continue it. They aren't comparable to The James Potter series. Apparently, the jury is out on if 50 shades is similar to Twilight, although it's not supernatural, isn't a story about Bella and Edward, and doesn't contain blocks of writing from Twilight. As for others I've read, they are nothing at all like the story that inspired them. I have read a couple where I didn't read the fic version but knew they had come from fic and couldn't for the life of me see them as anything other than original works. I find it impossible to believe that those books as published could be presented along with the book that provided inspiration and be seen to infringe on copyright. Something which hasn't been tested yet. However, the lack of action would suggest lawyers agree. At least with any currently on the market. I'm sure someone will try at some point to publish something so similar that it will infringe. When that happens, someone will take action on that book but any ruling will only be about infringement in that book. I personally don't understand authors who take issue with an unrelated story with different characters which doesn't infringe on their copyright. I know I wouldn't, but it's up to each author to decide for themselves. I would take issue if someone took one of my books and continued it. That is a completely different scenario(as with the one you've offered as an example). It is obviously infringement and in direct competition, possibly affecting sales. |
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#377 | ||||
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Swans! In! Space!
Join Date: Apr 2010
Location: Outer Heckistan
Posts: 4,070
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Oh, this will be good.
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#378 |
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nobody's sidekick
Join Date: Jul 2010
Location: between rising apes and falling angels
Posts: 6,407
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Some names to invoke: Lois Bujold, Cassandra Clare, Naomi Novik. There are a bunch of other writers who started in fan fiction and branched out to original works. In the cases of Anne McCaffrey, Marion Zimmer Bradley, and Mercedes Lackey, those authors locked down fanfic of their universes to specific situations funneled through approved fan sites. Bradley's 'Darkover' anthologies are still famous.
Yes, I'd take exception with someone actively trying to sell their specific Harry Potter or Twilight fic without changing the names, settings, and backgrounds enough to pass the legal tests. Meyer's lawyers haven't had enough fodder yet to build cases against James or any of the other Twilight-inspired writers. Rest assured, if that changes the news will go out fast. I don't like standing with James (because I'm not happy about the technical quality of her writing), but I will defend her right to publish her own work, situations, and characters.
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![]() Blog in progress (with buy links): http://www.cranehanabooks.com/blog works in progress: MORO'S SHIELD MORO'S CROWN LEOPARD'S LEAP (working title) BLOODSHADOW untitled Foodie Spy erotic romance RUNNER AND WALKER (working title) UNSTRUNG |
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#379 |
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On a wing and a prayer
Join Date: May 2005
Location: A Small Town in Germany
Posts: 11,331
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I read somewhere yesterday that James had slapped a lawsuit on someone who had written a book called "The Memoirs (Confessions? or something) of Christian Grey" and prevented it being published. Cheeky.
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Goodreads Author Page Eeyore: “This writing business. Pencils and what-not. Over-rated, if you ask me. Silly stuff. Nothing in it.”« - A.A.Milne "You must be the change you wish to see in the world" - Gandhi |
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#380 | |
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Attends The School of AW
Join Date: Mar 2009
Location: Ireland
Posts: 900
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I believe there is a 50 Shades fanfic being published. That is comparable to 50 Shades being inspired by twilight. Someone coming along and taking her character, who is not a sparkly vampire , is not. I suspect given merchandising there is a trade mark on the name Christian Grey to protect at this point too. Whether you agree with 50 shades or like it is irreverent. James has a right to protect her copyright on CG, a millionaire dom, like anyone else. It's not cheeky at all. |
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#381 |
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practical experience, FTW
Join Date: Jan 2011
Posts: 2,150
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I think you are talking about Casea Major's book Devil's Brand which the fanfic was pulled to publish the same way James did hers. It was originally a fanfic of 50 Shades with the serial numbers filed off.
Yes you can only find it cached now. She has erased it all from her site, her goodreads etc. Heard it was because of a C&D from EL James lawyers. Seems like she doesn't want her fans to do the same thing she did. http://www.dailydot.com/news/devils-...s-grey-fanfic/ |
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#382 | |
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figuring it all out
Join Date: Jan 2008
Location: Washington State
Posts: 98
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Room for one more?
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Bwahahaha! :p |
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#383 | |
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Attends The School of AW
Join Date: Mar 2009
Location: Ireland
Posts: 900
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From what I know of that story, the character in it was closely tied to Christian Grey. There was no doubt it was the same character and that the book was clearly infringing on 50 shades and was being shopped to the same audience, ie erotica readers, so it wouldn't totally surprise me. There are too many people making too much money off 50 to let that slide. Although that doesn't mean EL James has double standards. Could be a contract thing since she hs said she is writing more Christian Grey herself. On the other hand, Christian Grey is not Edward Cullen and 50 is not a YA book. People are obiviously going to jump to c&d but there was only 9 chapters of that story posted before it was pulled. Maybe the writer never planned to publish at all, possibly a publicity stunt for her other books. This has gotten her talked about. Maybe it wasn't ready and she jumped the gun talking about it, not expecting the negative attention it bought. Maybe the negative attention alone was enough to put her off(which is what I heard). Speculation, as with the particulars of any C&D at this point. |
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#384 | |
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On a wing and a prayer
Join Date: May 2005
Location: A Small Town in Germany
Posts: 11,331
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Which is not to say she doesn't have the right.
__________________
Goodreads Author Page Eeyore: “This writing business. Pencils and what-not. Over-rated, if you ask me. Silly stuff. Nothing in it.”« - A.A.Milne "You must be the change you wish to see in the world" - Gandhi |
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