Pony Fanfiction Thread

At this point, EVERYTHING is in some way derivative and inspired by something else, nothing is 100% original. So, again, you own what you created. If you took parts from something else, then yes you don't own those aspects, but you DO own everything that you yourself created.

Sereg, what did we all agree on when it comes to these threads? Look, Seraphem was the victim of a mean prank, you see, someone put lots of Kragle on his guns, and he was stuck to them ever since. It's like a Ban on Politics, except it's a ban on "anything Seraphem has made up his mind on". We gotta roll with it, man, we gotta switch topics. We're just out of Thanksgiving; I say if we can handle Aunt Roberta with kindness and compassion, we can handle our more opinionated friends here just as well. Bear it, Sereg, bear it and smile.

So the list of forbidden topics includes:

• Anything Fallout-related
• IP laws and their relation to fan-fiction
• ... What else?

We compile the list. Then we need to put it up as sticky note on top of each page, warning the unwary poster, and reminding the forgetful one.

That's sensible.

edited 30th Nov '15 5:24:00 PM by TheHandle

I tend to put "disclaimers" on my fanworks, stating that what I make belongs to the fans, which I hope includes the writers.

Of course everything is derived, but, for example, Fluttershy doesn't belong to me. If you don't acknowledge such intellectual property, then no one owns any intellectual property at all which makes your argument pointless.

Again, I currently cannot use The Four as is in original work as they're clearly ponies in the My Little Pony sense and I'd get sued. That is already the case, so there is no worsening there.

Again, I'm not saying that I should no longer be able to deponify them and use them, just that Hasbro should be allowed to use them if they want to.

You say that this screws me over. How? I don't see any way in which I'd be more screwed over than I am now. I can't make money from it under either iteration. I can't use The Four as is under either iteration. Expies would have to be exactly the same distance away.

Seriously, explain to me how my suggested system screws over the fans any more than the current one as I don't see it.

EDIT:Unfortunately, it currently doesn't, and that's the problem.

edited 30th Nov '15 5:25:03 PM by Sereg

Shhh, shhhh, it's okay, Sereg, it's okay. Don't take it personal. Don't get riled up. Let it go. It's not worth it.

Because at that point, you no longer own what you created, at all, it's up to whatever corporation what they want to do with it and to milk any money they think they can get out of it. At that point, you have no say at all, in anything they do with what you create, and they would still find some way to fuck you over if they could get an extra penny out of it.

Not to mention that would then bring up a massive clusterfuck of issue of who owns what part of what, does something tangentially based on an existing property, but wildly different and just using a similar base idea count? When does it become different enough? Who decides what is and is not 'fanwork' or 'original'? It makes anything any author creates meaningless as their creations because they would not actually own anything about them. While still getting their asses sued if they tried to use them in any way the trademark holder didn't like.

Further, once again, fan work, original, it doesn't men shit, a story is a story. Yes you can't make money off it, at least not to blatantly, but you couldn't under that system either, cause you'd still be getting your ass sued for it, while at he same time just giving a bunch of souless suits free reighn to do whatever the fuck they wanted with what you created, while stifling your ability to do the same in return, it places ALL the power in the people that can hire teams of lawyers 24/7, even more so then is already the case.

You know how we should make this debate better? Let's talk about Fifty Shades of Grey!

50 Shades was originally a Twilight fanfic. The author then swapped out the names, rewrote parts of it, and then published it as an original novel.

If the copyright of derivative works belonged to the owner of the original work, then this couldn't have happened because the the text of 50 Shades would belong to Stephenie Meyer.

I highly disagree with this interpretation. Unless someone is being paid to produce something for someone else (e.g. writers for a TV show), I say original content should always belong to its creator.

Even if it means that 50 Shades has to exist.

Which you didn't for all practical purposes anyway.

So? It cannot get less exposure than it had as a fanwork.

And how would they do that? They already have what they need from you.

No different than current IP law.

No. It makes lawyers completely unnecessary. Again, no one has to sue people making fanwork because it belongs to them.

EDIT:Again, not what I'm saying. Under this ruling, 50ShadesOfGrey could still exist, but if Stephanie Meyers had decided to make it as well, she would have been allowed to. ie. I'm saying that the fans should be allowed to do everything they currently are allowed to do, but the original authors should be allowed to do the same (only they can earn money from it).

edited 30th Nov '15 5:46:47 PM by Sereg

At which point they will STILL sue your ass off if they don't like the story, if they feel it goes agsint their 'brand' if they just plain want to make some money off you. Just take your work, say fuck you, and then sue your ass the moment you try to do anything else with them. that's exactly how it works now for anyone working for them, they don't own shit, and if they try to use anything they create outside of sanctioned work, their ass gets fired.

Only they at least get paid for it and know going in this is exactly the case, and have to officially sign those rights away.

edit, and then the owners will STILL sue your ass off for using their work whenever they feel like it, only now, they actually get to take all your work, while making you pay for it.

edited 30th Nov '15 5:47:45 PM by Seraphem

At which point they will STILL sue your ass off if they don't like the story, if they feel it goes agsint their 'brand' if they just plain want to make some money off you. Just take your work, say fuck you, and then sue your ass the moment you try to do anything else with them. that's exactly how it works now for anyone working for them, they don't own shit, and if they try to use anything they create outside of sanctioned work, their ass gets fired. Only they at least get paid for it and know going in this is exactly the case, and have to officially sign those rights away. edit, and then the owners will STILL sue your ass off for using their work whenever they feel like it, only now, they actually get to take all your work, while making you pay for it.

No. The idea is to make it so that suing doesn't happen unless you're making a prophet (or again, the standard trademark defence, but that's a whole other mess). You no longer can sue people form making fanwork.

@Sereg: Clarify this for me: Under your proposal, who earns money from sales of 50 Shades?

The author of 50Shades. Exactly as it is currently. The difference is, Meyer can't sue her, but she can write her own version of 50Shades and the author of 50Shades can't sue her for that either.

And given how at this point EVERYTHING could be claimed to be derivative of something, then it goes right back to a massive chain of "Who owns what" and makes a massive clusterfuck.

Again, no different from the current situation.

So they're both independent copyright owners of the same work?

...Oh my god. Independent shared copyrights. That sounds like the nightmare scenario of copyright law. If I were a lawyer I'd be breaking out in a cold sweat right now.

I'm bailing! I'm bailing from this discussion! I don't want to touch this with a ten foot pole. Just thinking of the repercussions makes my head spin...

Yes.

EDIT: Or to be more specific, Meyers owns the fanfic version, but doesn't own tyhe "original work" version.

edited 30th Nov '15 6:32:04 PM by Sereg

So they're basically the same work, only with different names?

edited 30th Nov '15 6:44:51 PM by JapaneseTeeth

Hmm...

There is a compromise to this.

Like what I did, label your work as free to use. I mean, I intended it to be that other fans could mine my work for their own fanworks but I wouldn't mind it becoming canon.

Wait, did I say "wouldn't mind"? I meant I'd die of sheer goddamn happiness.

But I'd put control in the fan's hands, yes.

Isn't what the Creative Commons or whatever label Deviantart uses for it is?

...can I talk about Ponies now?

The power to talk about ponies was inside you all along.

Dammit... urge to troll... rising... must resist!

I think I'll copy-paste two comments I left on the latest chapter of I Am The Night(mare)! And so is Luna? instead. It's a subject I find interesting and want to talk about more because I don't feel like I have my thoughts and feelings on it completely sorted out since I can point out all sorts of alternate interpretations of the story that can serve as counterarguments to my opinion.

The first is my initial reaction to the chapter, and the second is my response after someone pointed out that while the Equestria of the past in that story was pretty darn bad, present Equestria doesn't really qualify as a dystopia.

edited 30th Nov '15 9:17:32 PM by CDRW

Well, that is the difference between the two. Look, the idea is this:

1. Original authors have their intellectual property protected

2. Fanwork makers are free to make there work public

3. There is free exchange of ideas and free communication between original authors and their fanbase

4. Nobody has to fear getting sued, because the law states that everyone can do whatever they want with the fanwork.

5. Authors are free to enjoy fanwork

6. Fanwork makers can interact directly with original authors without censoring themselves

7. Anyone who wants to profit from there own ideas can use original work (which was the only way it can be done in the current system anyway)

Again, I consider this to be the least screwing over possible.

@CDRW: It's true that problems none f the characters care about does tend to cause a loss of interest.

<Moderator headband on>

Seraphem, Sereg and The Handle, knock it off with these endless bickerfests. I'll leave it at a warning this time. Next time, posting privileges go away.

Understood?