Our questions about copyright issues, etc., in fan fiction

[AmriloJim]

From: Brooke McEldowney
Date: January 6, 2010 12:42:54 PM EST
To: MoonsingerFan
Subject: Re: Our questions about copyright issues, etc., in fan fiction

Moon,

Unexpectedly, but happily, the attorney at United Media got back to me on the topic of fan fiction and so forth.

This is how it is spelled out, and I paraphrase: So long as you are not using the characters' names in any commercial way, i.e., you are not commercially distributing your writing, and as long as you do not distribute your writings as Chickweed or Pibgorn content (you state that it is OTC, or Pibverse Players' fan fiction, or something like that, wholly unconnected with me, UClick and United Media), then it is okay, and seeking my permission will not be of the essence. The lawyer also wishes me to state, in writing, that UClick, United Media and I will not be liable for any infringing (via libel or trademark/copyright) materials your group may post. This means that you must be careful about the content you post, lest it step on another individual's copyright or reputation. (I should add here that anyone supposedly underage who writes should be edited for content that might be inappropriate. It could become a risk to what you post as a group.) Your posting this material is not considered fair use, but the syndicates do sometimes allow this type of derivative material for non-commercial purposes (I underline these last words because they rest at the heart of the issue).

This is how it all really stands. Although someone within the OTC might argue and want to take issue with one point or another, I can only assert, because I deal with and through syndicates and know their ways intimately, that person will not win.

All this stuff is hardball language, and reads a lot like every clause in my contracts. I wouldn't worry about it. I just recommend circumspection.

I hope I'm helping.

Brooke

[ladywolf17]

Hi AmriloJim,
I'm just now returning from being absent due to a severe migraine attack. Anyways! The question about the fan fiction came up When my dad posted the question one morning, to which both MoonsingerFan and Brooke gave their replies. This all happened because my dad noticed that I had become uncomfortable using Brooke"s Characters. It is also the reason why I am rewriting All Of my skits using made up characters that I hope are similar to the Pibgorn characters.
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By the way,
Is there still no news on when the U-Click Gocomics people are going to allow you to return to the OTC. I miss you, and hate not seeing you there.