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Legal
Information about Fan Fiction
Many
people wonder what rights they have if they write a fan fiction story.
While common Netiquette dictates that you never use an author's work without
permission, the law is not on your side. Technically, fan fiction is what
is called a "derivative work." Under US copyright law (Title 17, US code),
derivative works are not protected. You are technically violating Nintendo's
copyright if you write a fanfic. What does this mean to you? I'm not trying
to discourage you at all. I just thought I'd give you the facts. Other
Zelda sites claim to own the rights to their pages and works, when in fact
they have little or no legal recourse to support that claim. This doesn't
mean that you have to stand idly by if someone steals your work. Its just
that legally you have no rights when it comes to that. I know it sucks.
But I don't sugar-coat things, and you need to know the truth. Of course,
Nintendo is not going to sue you because you write fanfics. They get free
advertising. Most corporations turn a blind eye to this kind of thing,
put simply: they don't care. Even though you have no legal recourse if
your work is plaigarized, the scum who steals your work can be blackballed.
There are things that can be done to those unsavory people to teach them
a lesson (e.g, email-bombing). In my opinion, this law makes no sense.
An original work is an original work; it doesn't matter if it is based
on something else. If someone steals your
work, tell me about it and I will publicly humiliate them on my site. Anyone
caught plagiarizing will be put in my Hall
of Shame forever.
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