Re: Why...

From: Jeff Richard <richaje_at_ysJOAviPH9gDXYiUQBE197xYqCH-N8xdZpekgyS6diw10pqfBYD2WZXszsVUfDxOoPzS>
Date: Fri, 01 Apr 2005 19:49:34 -0000

> > You're being asked to sign away all your rights upfront.
>
> As the editor of a Glorantha fanzine, I am expected to sign away
all
> my _contributors' rights_ upfront. Given that I do not own those
> rights, this is an impossible expectation to fulfil, even if I
felt
> that it were morally acceptable to just rip off all their hard
work
> and send it to Greg (for free). Which I don't.

That's an untenable reading of the "concept use" clause - and I'm really tired of that bogus reading being used over and over and over again.

"Concept use" as defined in the Policy is simply that folk - specifically Issaries - can use the names of persons, places, creatures, entities, events, objects, or concepts from any original material, Gloranthan development or publication, without need for further credit or payment. This is not a change over previous practice or policy - heck, it should be a black-letter law restatement of US Copyright Law (although judges do get very confused about what constitutes an "idea" in fantasy literature - look at the confusion involved in the McFarlane v. Gaiman litigation over some of the Spawn characters).

Let's say you come up with a character named Stampy McGee (scourge of the Timinits) and write tons of stories about the adventures of Stampy. You post these stories to the Digest, or Oliver's website, or they get published in Tradetalk, or whatever, and lots of folks Glorantha have Stampy McGee wandering about Jrustela. Under the Concept Use statement, Issaries can include Stampy McGee as a person when they come out with Men of the Sea III: Defeat of the Ant People, and include references to some of the events mentioned in these stories.

However, under the Concept Use statement, Issaries cannot simply print the Stampy McGee stories, or significant excerpts thereof - they are still the author's Original Material. Does this make any sense? It is no different than UW including Rastalulf Vanak Spear as a hero cult of the Exiles (something I am perfectly happy and honored that they did). What the Concept Use statement is eliminate the ability of folk to bring litigation about whether the fictional person is an idea or material under US Copyright law.

Jeff

PS.

> The II fan policy strikes me as being completely
> fucking paranoid, but maybe Greg just chose an idiot, incompetent
> lawyer (hoping not to offend the lawyer if he or she is a list
> member, but if so well tough shit).

I did not write the fan policy (nor was I involved in writing it) - however, I have written IP agreements for major corporations (including Goldman Sachs, KKR, and various companies owned by Microsoft's second largest shareholder). The II Fan Policy is incredibly tame and if you think this is "completely fucking paranoid", you are an idiot.            

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