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Just to be on the safe side . . .

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Just to be on the safe side . . .

Post by peachcake21 on Wed Jun 30, 2010 6:44 pm

I know you guys aren't selling the comics or saying that you own it because that would be illegal, but just to be on the safe side. . .
I read somewhere that it's not illegal to present something copywrited if it is done with commentary.
Technacly, if commentary is added it's automatically not illegal.
All i'm saying is adding a reason of commentary at the end of each comic epidode would clear out the air
Just to be an the safe side.

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Re: Just to be on the safe side . . .

Post by tendra91 on Wed Jun 30, 2010 7:07 pm

Great advice. Thanks for the tip!
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Re: Just to be on the safe side . . .

Post by Meganium on Wed Jun 30, 2010 7:24 pm

Perhaps commentary could be provided in the form of Author's/Artist's/Editor's notes (before or after each comic) about how the idea was developed or each person's favorite part, etc.

Anyway, that's really useful to know! Thanks, peachcake! Very Happy
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Re: Just to be on the safe side . . .

Post by peachcake21 on Wed Jun 30, 2010 10:11 pm

Your welcome! Anything to help out!

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Re: Just to be on the safe side . . .

Post by RoseThorn on Sun Jul 04, 2010 5:08 am

Meganium wrote:Perhaps commentary could be provided in the form of Author's/Artist's/Editor's notes (before or after each comic) about how the idea was developed or each person's favorite part, etc.

I like that idea, then everyone involved gets to express their opinions in a "behind the scenes" type of way while also providing a place for the legal jargon.
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Re: Just to be on the safe side . . .

Post by ElegantVamp on Mon Jul 05, 2010 1:31 pm

Meganium wrote:Perhaps commentary could be provided in the form of Author's/Artist's/Editor's notes (before or after each comic) about how the idea was developed or each person's favorite part, etc.

Awesome idea, Meganium! Smile
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Re: Just to be on the safe side . . .

Post by simon_j01 on Mon Jul 05, 2010 2:32 pm

peachcake21 wrote:Technacly, if commentary is added it's automatically not illegal.

That is patently false, in the US and any European country that respects the "moral rights" concept. You're describing fair use for the purpose of critique, in which case only the minimal amount of copyrighted material necessary to illustrate the critique may be used. That means a few screen grabs from an entire movie, or a few choice quotes from a book.

It doesn't even apply to fan projects such as this, as this is a collection of derivative works. In order for derivative works to have separate legal protection, they must parody the original, i.e. make commentary on the original in a humorous or critical way. Or wait until the copyright runs out. In the US, that's 95 years.

I'm pointing this out not because I want to scare anyone off HA:S6; I want to see it succeed. But no one here should harbor delusions that may end up hurting the project. Viacom has the right to defend their copyrights and ask for removal of infringing material. But that is completely within their discretion, and companies generally do allow fan projects to go on if they see it as innocuous, even beneficial (especially for older properties such as HA.) Don't think about making a big profit, keep the project small and within the confines of fandom, avoid trademark infringement, and hope for the best. If you all can do that, you should have little to worry about.

Lawyer ears prick up when people go around claiming they have the right to do something, because that is essentially challenging their clients' complete control over their copyright. So don't.

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Re: Just to be on the safe side . . .

Post by funnybones021 on Mon Jul 05, 2010 4:21 pm

simon_j01 wrote:But that is completely within their discretion, and companies generally do allow fan projects to go on if they see it as innocuous, even beneficial (especially for older properties such as HA.) Don't think about making a big profit, keep the project small and within the confines of fandom, avoid trademark infringement, and hope for the best. If you all can do that, you should have little to worry about.
Thanks for the info. This is actually exactly how Tendra and I planned to work with the copyright issues for this project (and no one will be making any profit at all).
In fact, we have attempted to contact Nick/Viacom about the project to see if they have a problem with it multiple times, and they have yet to respond. My feeling is that as long as it stays relatively small, they don't care about it and they don't really want to know about it.
HA6S will always operate under the policy that if we hear any negative feedback from Viacom, the entire project will end immediately.
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Re: Just to be on the safe side . . .

Post by simon_j01 on Mon Jul 05, 2010 5:46 pm

funnybones021 wrote:In fact, we have attempted to contact Nick/Viacom about the project to see if they have a problem with it multiple times, and they have yet to respond. My feeling is that as long as it stays relatively small, they don't care about it and they don't really want to know about it.

Unless you know someone in a prominent position at Nick/Viacom's marketing/fan outreach departments (if they have those at all), I would suggest you not contact them. You're right, they don't want to know... because once they know, and if trademark infringement is involved, they'd be legally obligated to take action. Most corporations just don't want to deal with this because it's time consuming, but they also don't want to issue blanket policies for fandom use, because someone will just find loopholes and over-exploit their generosity. (Back in the old days when authors and small companies owned copyrights, penny-licensing was common. Unfortunately, uber-media companies of today just don't want to bother with those.)

You also don't know where your messages would end up. It may go to the right person, who would happily give you the okay. Or it may go to an over-eager freshman lawyer, who decides by himself to send you a C&D, thinking it would impress someone. The command structure is too convoluted to handle this type of thing.

Fan art and fan fiction are sold in comic book and anime conventions all the time, right next to the companies that actually own the copyrights. In that sort of environment, companies and fans have a tacit agreement, mutual support and understanding for each other. As long as this stuff stays within the "artist alley" realm, there won't be much likelihood of trouble. Don't worry about being 100% safe, because that's nigh impossible.

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Re: Just to be on the safe side . . .

Post by Meganium on Thu Jul 08, 2010 6:01 am

Well, he's right. Doujinshi, or fan comics, are extremely popular in Japan and at anime conventions. They're made completely without consent or permission of the authors of the original work, and the fan-made stuff is even sold. Of course, it's more acceptable in Japan...I don't really know too much about their copyright laws but I think it's somehow more legal over there XD

So yeah. Anyway, we should be fine if we're not attempting to make a profit, which we aren't. ^_^

Oh, and glad everyone liked my idea, even if it's pointless now XD <3
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Re: Just to be on the safe side . . .

Post by funnybones021 on Thu Jul 08, 2010 4:10 pm

I don't think it's a pointless. It's still a really good idea, and we could still do it. I think it would be fun to do some commentary.
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Re: Just to be on the safe side . . .

Post by peachcake21 on Fri Jul 09, 2010 3:43 am

Smile
so..... uh... it's sort of no use?

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Re: Just to be on the safe side . . .

Post by simon_j01 on Fri Jul 09, 2010 12:58 pm

No, including commentary and essays and maybe even poetry would be great for the book. Just want to be clear that it has no material effect on the legality of it all. It survives on the good graces of Nick, not the law.

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Re: Just to be on the safe side . . .

Post by peachcake21 on Fri Jul 09, 2010 5:09 pm

*nods in agreement*

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Re: Just to be on the safe side . . .

Post by Meganium on Fri Jul 16, 2010 5:11 am

I kind of love doing commentary on my own work. <3 I know it makes me seem like I'm droning on about my own accomplishments when I talk about my own work, but it also feels awesome to talk about the creative process and all the work that went into developing the ideas. So I think it would be a great way for everyone to say, "I helped with this part, and it made the episode that much more awesome and you should applaud me." XD
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Re: Just to be on the safe side . . .

Post by peachcake21 on Fri Jul 16, 2010 5:08 pm

XD
Wow!
XD
That sounds, nice.
I agree, it would be for the best Rolling Eyes

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Re: Just to be on the safe side . . .

Post by Retromanka on Fri Jul 16, 2010 5:46 pm

Mmm...and for artists it's a chance too Very Happy
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Re: Just to be on the safe side . . .

Post by peachcake21 on Fri Jul 16, 2010 6:13 pm

Smile

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Re: Just to be on the safe side . . .

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