Mhm... do you think that would work for us ?

What about our banner ?
or our Icon ?

edit: p.s. please Link other video that you find.

EDIT:

Two things should be understood about all of this, of course. One, that if you do not have a convenient 50,000 to 100,000 dollars on hand to bet on the outcome of a trial, you are not going to be suing anyone. 50K is the minimum to sue in court over anything beyond small claims. I know, I've done it. So, forget suing anyone over some usage of your derivative fanfiction O.C.

It ain't gonna happen.

Second, you will be on, at best, utterly shaky ground if you complain with regard to an O.C. used in fanfiction. Already you are outside the law - legally, fanfiction shouldn't even exist. They are tolerated - sometimes, not always - by companies and corporations because they can be perceived as providing value in terms of greater brand awareness, and occasionally on traditional and historic grounds. But make no mistake: fanfiction is not technically legal in the least, leaving all of us open to cease-and-desist orders or even lawsuits. Complaining that someone is stealing your semi-original character derived from a stolen work you derived it from is not a solid legal foundation on which to build a claim.

In short: if you are writing fanfiction, you have no leg to stand on when someone else does the very same thing to you as you are doing to somebody else's work.

There is only one response to someone using your original character derived from a commercial product - tell them that you are very honored that they liked your work enough to want to fanfiction your fanfiction.

Any other response marks you as both ignorant and petty.

7268729
p.s. What do you think of this ?

and Can I do that with my Cake ?

Legality does not imply nor demonstrate any ethical or moral justification. What is legal is merely what is allowed by those with the power to enforce, and ultimately, when all is said and done, all enforcement devolves to the power of the gun (sword, rock, fist). A law can change based on the most arbitrary of whims - once, beer and wine were legal, then they were illegal during prohibition, then legal again. The cause was a wave of religion-based social domination which attempted to make the United States a theocratic state - completely against the principles of the founding fathers. Yet, supported by an amendment to the Constitution, it was entirely legal, nevertheless this was a blatant betrayal of the founders intentions. Legal, yet utterly wrong.

Copyright was created to protect creators while they worked. It lasted seven years, the expected time any serious profit could be produced. After that, all works were considered to be the shared heritage of all Mankind - a noble and good sentiment that supported additional creativity built upon the shoulders of the past.

But then capitalistic greed took over, and copyright - and trademark - were extended. Then extended again. Then broadened. Then extended again. And again. And now, both are no longer protection for a creator. They are a profit center for immortal corporations and the vast greed of crony capitalism gone wild. And... it is expected that both will be extended once again, mostly to, yet again, protect Disney. Specifically just Disney. Because Disney has the money to buy favors from a government that no longer serves the people, but only the wealthy and powerful.

The only reason works such as Sherlock Holmes or Oz survived to our time was the lack of overbearing copyright. People up and wrote more stories, without permission, without limit, without anything stopping them. They published those works, and kept the love of these things alive in the world. People, and creative effort keep things alive, not corporations sitting on ownership papers while producing nothing and releasing nothing (see: all lost videogames, variety shows, movies and books whose ownership is contested).

We here on Fimfiction steal the IP of Hasbro and claim ownership of content we don't own. Some here complain that their inventions, based on what they stole from Hasbro, are being stolen by other thieves who stole from Hasbro. Legally, we are all of us here nothing but thieves. You are a thief with your two stolen stories, NicLove. Legally.

But I am certain you don't see yourself as a thief. I am certain you believe you 'own' your two stories. You do not. Not legally. Morally, possibly. Ethically, perhaps. But not legally. Legally, you are a low-down intellectual property thief. But... Hasbro is letting it slide, because it promotes their legal property, and because you are too poor to be worth legal action. That is why you can get away with your crime of fanfiction.

It is stupid for a thief to complain that their stolen goods have been stolen by another thief. At least from a legal perspective. From a right-and-wrong based on law.

Copyright has gone too far. It has stopped being a good or helpful thing. It has become an evil that harms civilization. It has become the tool of the greedy. Legal does not imply right or good or correct. Legal is just whatever can be enforced against you, even if it is absolutely evil. When native Americans were genocided by the United States government, it was completely legal. When slavery existed, it was completely legal. When Japanese Americans were forced into concentration camps in America, and all their stuff was stolen, purely because of racism, that was absolutely legal.

None of it was good. Or right. Or moral. Or ethical. None of it was just.

Fuck modern copyright law. Fuck it hard with shards of glass, up the ass.

7381140

7268729
While I agree with most of your comment. But fanfiction is not illegal, by any metric. They land solidly in fair use. We are not 'stealing' anything by writing stories based on an existing IP, not even legally (anyways, IP law is almost entirely civil law and not criminal law).

Of course that exact same logic would go for the person who 'steals' the OC. So the only thing you would gain is a useless lawsuit.

7950479
Fanfiction is not legal, but it is tolerated. Fair use is insufficient by itself.

You need education:

https://cardozoaelj.com/2023/10/31/a-brief-overview-of-the-fair-use-analysis-in-the-fanfiction-context/

https://www.oif.ala.org/copyright-and-fanfiction-a-primer/

7950527
First thing first, people are using the term 'illegal' incorrectly. To be illegal it has to violate criminal law, and copyright infringement is not criminal law.

Can you be sued for writing fanfiction? Yes, but you can be sued for just about anything. The question is whether that suit will go anywhere, and that depends at least as much on jurisdiction, the judge in question and the skill of the lawyers as the facts of the case.

You give two opinions about a more restrictive idea of fair use, I could find different opinions that are far more broad. But they are all that, opinions. There exists no hard and fast rules about what counts as fair use or not, only four rough guidelines.

At the end of the day, the winner of a civil suit is just whoever manages to convince the judge of their arguments.

Also, keep in mind that a lot of the big scary 'copyright' cases are actually examples of trademark law, and not copyright law. For example it is trademark that has kept Mickey Mouse the property of Disney for a hundred years, not copyright.