Re: Re: Example of why fan material policies are a legal necessity

From: donald_at_...
Date: Wed, 23 Mar 2005 14:20:39 GMT


In message <p06200718be66a5c2fcf0_at_[192.168.1.216]> David Dunham writes:

>While I agree that site wasn't full of legal wisdom, it convinced me
>that some jerk can ruin everything, and that it's prudent to take
>steps to prevent this. I also see why a lawyer wouldn't be happy
>allowing as much as Issaries is.

Some jerk with a friendly lawyer is always able to ruin everything. Unfortunatly the response of tying everything up in red tape rarely has a positive effect and can't be relied on to solve the problem.

>>Note: I'm not suggesting fans should avoid licencing stuff they
>>want to publish, just that those who don't *may* find themselves
>>in a stronger legal position than those who do.
>
>I don't think it makes any difference. You can't create a work set in
>Glorantha without being aware of Glorantha. And any such work is a
>derivative work. Sure, if you don't license, you can't possibly
>violate a license. But you would be just as much in violation of
>copyright.

Read the article again. The main point it makes, supported by case law, is that derivative work is not a violation of copyright but a separate work provided that it is sufficently different. "Sufficently different" being defined by the courts on a case by case basis.

This reflects the principle of English copyright law that you can't copyright an idea only a "work".

-- 
Donald Oddy
http://www.grove.demon.co.uk/

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