From:        Zen, databank@mindspring.com

Travis Butler Wrote:

The legal issue is that if copyrighted material is used without
permission -- if a copyright is infringed -- then the author must defend
the copyright, or they risk losing it. [...]

Look.  From a legal standpoint here, you are dealing with the difference
between "Used Without Permission" and "Permission Withheld"

BOTH are technically violations of copyright law, Okay?  BOTH -infringe- a
copyright.  Make sure that you have that straight right now.  But there IS
a *critical* difference.

In the case of "Used without permission" - no attempt to gain permission is
assumed to have been made - and the use, as long as it is not done for
profit, does NOT COSTITUTE A THREAT TO THE VALIDITY OF A COPYRIGHT.  It is
*still* a *violation* of the copyright, but the original creator is NOT
required to defend that copyright to maintain its validity.

Thanks for the clarification. I knew there was a subtlety like that 
involved, but I wasn't quite sure how to express it. The points I was 
more-or-less trying to make were that: a) there are instances where the 
author doesn't have any choice about suing if they are going to retain 
their copyright; and b) if it ever comes down to that, goodwill and the 
lack of a profit motive aren't a defense and shouldn't be relied upon. 
Thus, you should be careful to respect the author, avoid pushing your 
luck, and not force them into that position. :) 

[Most of the good explanation snipped; I didn't want to over-quote. ^_^]

When the request for permission was made, a condition was established that
made the author (Yarboro) OFFICIALLY AWARE of the infringement.  Under
those conditions, she was REQUIRED by copyright law to sue the infringer,
or risk LOSING the copyright.  She could have elected not to sue, but if
she had...

The 'officially' aware was one part I wasn't sure of; whether the author 
seeing fanfics on a newsgroup or an FTP archive would be considered 
'awareness' that would force the author to defend the copyright. I know 
JMS plays this very cautiously on the net groups, and has dropped out of 
groups when there was a chance of seeing story ideas.

We don't do it to make money, just to keep that
little section of the fiction universe alive.

Same goes for this. The fanzine publisher made this claim in the Yarboro
case, and it didn't help him.

Because he was stupid.  That story was anti-matter from the beginning. The
*story*, not the 'zine, is what got both of them hung...  The money issue
was irrelevant in this case.

True... I was just trying to point out that it was used as a defence and 
it didn't work.

Eeeeeepppp!  Zen has just noticed how long this... this dissertation has 
gotten.

Gomen nasai!  Zen is sorry for rambling!

(Yeeesh! - Zen's a wordy bastard...)

Gomen ne!

Zen will shut up now.

Zen the Heretic-

Heyo, Zen! Welcome to Lecturer's Anonymous. Here, pull up a chair and sit 
down.

(Where did you think I *got* this nickname, anyway? 

Well, this was *one* of the reasons, at least. Ace being another.)



Travis Butler
(The Professor, formerly of Myth and Magick!, Lawrence, KS;
 tbutler@tfs.net, now from the Wandering Powerbook;
 <http://www.tfs.net/personal/tbutler/>;
 Mac page <http://www.tfs.net/business/tbutler/>)

...Cats are the proof of a higher purpose to the universe.