Why do I have to disclaim if I'm clearly a FAN? (29)

1 Name: CountryGrl : 2009-10-17 15:56 ID:no5c0sWu

This really annoys me. Some people disclaim EVERY ONE of their chapters, like they're worried they'll be sued. But if anyone on any of those sites owned anything to do with the show or book they're writing about, why would they be on a site called FANFICTION? It doesn't make any sense to me. Oh, I'm sure there are lots of legal reasons best known to the developers of the sites. It just seems so pointless. My favourite show to write for is Malcolm in the Middle and if I owned that it'd still be on air, therefore I've stopped disclaiming my chapters. Does anyone else get annoyed with this?

2 Name: Crimson Cataclysm : 2009-10-17 17:06 ID:R1JhEYxv

At some point it almost became habitual for me. Although nowadays I simply type "I don't own shit." Instead of getting all elaborate and saying "If I owned XXXX then XXXX and XXXX would be together, XXXX would be alive, and XXXXXXX of XXXX would never happened! Yaaay!" Like, really? Lovely.

3 Name: tiger002 : 2009-10-17 21:34 ID:9fu+LV4i

I normally don't put one or if I do once per story. I have used them for comical roles before where my point was to say all the things I don't own since that chapter had many crossover parts.

4 Name: SeraEris : 2009-10-17 23:40 ID:yjeKzmop

the references for me, mean respect to the original creator.
you dont put disclaim to be safe but to be honest.
there is no reason to make a disclaimer that is longer than the actual chapter.
in my case i dont even put the word disclaimer. i just put an A/N saying "Naoko-sensei owns everything"

it is important to give credits to the original creators of the characters you use, because you simply DO NOT own them.

im not worried if someone would sue me if i dont disclaim as long as i dont use Lestat...
there are original authors that requested that nobody involve their characters in ff stories.

i guess you wouldnt like if someone steals your plot without asking or even do not credit you for it and make their own stories, right?

it is as simple as that

we as writer may not be able to contact the original creators but at least we own them that much as a disclaimer.

;)

5 Name: pinkcatheaven : 2009-10-18 01:07 ID:HJS/G/z8

I have to do it, because legally, we are taking the authors plotines...
I mean, it is pretty stupid to put it there every chapter, but the author technically own that stuff, so...

6 Name: Eszie : 2009-10-19 01:51 ID:Fn7hQvjj

It became a habit to me to do that. I always do it at the last chapter of my stories, together with thanking everybody who wrote a review. :)
Once I saw that the most of the fans did it, I decided to do it too. But I don't write it every chapter, only the last one.

7 Name: inulover90 : 2009-10-27 05:46 ID:5dfqtE27

i only write it for the first chapter and i usually write something stupid along with it. i guess sooner or later i'll get tired of that but i'll keep messing around till then.

honestly i think it's stupid, we're posting on FANfiction.net it is pretty obvious, but i can see it by law and as the author. i wouldn't want someone taking my stuff and writing stories and not even credit where it came from. i would want a little credit for my hard work at least. but i still think it's kinda stupid.

8 Name: Sparks the Cheese Loving Wolf : 2009-10-27 08:43 ID:3NFaLfbO

I think it's rather stupid, because online were not selling anything, we're not gaining any profit, it's just for enjoyment and leisure, as an alternative to playing on the X-Box/PS3/Wii.

9 Name: reader101w : 2009-10-27 11:07 ID:EYzv5r7M

I have a standard (joking) disclaimer that is part of my chapter introduction, it's a habit and copy/pasted from another of my stories (as in, always the same line)

if there are other I want to thank or give credit, I usually only do that in the chapters regarding those persons.

10 Name: hsmfan1351 : 2009-10-27 14:21 ID:d9gcJp+s

I do it... I don't know why really... Maybe out of respect?
Of course it is obvious that none of us own what we are writing, well what we are typing just the characters and stuff like that.

But if we write about it, we are using other people characters that writers, actors, directors, many highly important people have created in their own time. So I think it doesn't matter how long or short we make the disclaimer, and it doesn't have to be in every chapter, maybe just at the beginning at your story, just state you don't own the characters blah blah blah...

11 Name: Schmo : 2009-10-29 11:59 ID:L8+5pqlC

I always forget so I just put them in my profile page in my summaries cause then i don't have to put one for every chapter. But considering it's on fanfiction.net i don't really consider it to be that important. I usually write a short one at the beginning of a chapter when i remember to anyway. I think in future i'll just put on in the first chapter then just leave it. I think that would be enough.
I used to thank everyone that reviewed in an AN as well but then it got a bit lengthy so I just sent a PM instead. I think that's more personal anyway sometimes.

12 Name: Frenetic-Kinetic : 2009-10-30 05:09 ID:aP7Lqa8n

I think one at the first chapter is fine, then you can leave it out for any other chapters. ^^ Although I've seen lots of fics without them, so I don't suppose it's really necessary. O.o

13 Name: Sketch : 2009-10-30 07:11 ID:CNb4JjAs

While I understand the legal asspects of putting a disclamer up at the being of the story but it does irk me because FF clearly status on the home page that the authurs of the site own nothing and are reveicing no money in return for their stories - or at least it did when I jioned but admitedly that was a while ago now ;D

14 Name: Problematique : 2009-10-31 09:52 ID:UzRQWSar

Neh~ I tend to give credit where credit's due, usually accompanied by a silly line, for example:

I don’t own Kuroshitsuji, much as that would be the most awesome thing since sliced bread.

(Yes, that's really at the top of one of my fanfictions xD)
I always make sure I credit as appropriate, and at the beginning of the first chapter. Always. I have a tendency to include OCs and other people's OCs, so I credit them too, of course, and make sure that people know who they all belong to. If I forget about someone at the beginnningof chapter one, or decide to add them later, I always credit them in the correct chapter. ^^

15 Name: akusma : 2009-10-31 10:06 ID:uCcdqNG3

I don't understand why lot's of people find this stupid, it's a personal thing I think, and as someone said, a sign of respect for the author.

Sometimes people have a certain type of header or footer they use to thank people for reviews, and it may just be a layout thing, something to either make it look more proffessional or make them look friendlier to approach.

You can't call someone stupid for doing it, even on sites like that the writers of the original book have legal ownership of the characters, by taking them and crediting them it's fair to do.

16 Name: SeraEris : 2009-10-31 10:33 ID:uEzxhP82

>>15 Thumbs up to that :)

17 Name: TheSoliloquy : 2009-10-31 11:51 ID:3WGDEwZS

Haha, I do that :P It's not that I'm worried I'll be sued, that's ridiculous, it's more out of habit. Plus, some idiot reviewers tend to criticize you if you quote the movie/show/book, so by clearly stating that some lines don't belong to me, I can get them to shut up.

18 Name: inulover90 : 2009-11-01 10:36 ID:5dfqtE27

>>15 so true :)

19 Name: DragonFriend95 : 2009-11-24 12:58 ID:B1gI3Yuy

I write the disclaimer for fun, it's just a little humour to go with my stories, which are usually quite dark, as well as showing my respect for the authors. Always have a disclaimer at the top and thanks for reviewing at the bottom :D

20 Name: Niori : 2010-01-02 11:10 ID:EvXfRHRL

I write one in the first chapter that goes something like this 'God these things are freaking stupid. Obviously, since I’m writing on a site called FANfiction, I clearly do not own' to cover my butt just in case and yet protest the pointlessness of a disclaimer.
But hey, I have read stories where authors turned their disclaimers into hilarious little things, so all the power to them.

21 Name: ... : 2010-01-02 12:22 ID:CkSt3agQ

You don't technically need to disclaim, as fanfiction is actually illegal anyway. Most fandom-creators pay a blind eye, though, as it's good for business (renews public interest in their products etc). It's rather a grey area, and disclaimers just exist for politeness' sake. If they were to take you to court, a disclaimer on your work would make no difference.

22 Name: Dave2380 : 2010-01-02 15:04 ID:Go0hLdRC

Its partly covering one's ass and partly a nod to the creator of your fandom, sort of a respect thing. At least it is for me, i know other people have their own views on it.

23 Name: JustAchild : 2010-01-02 15:21 ID:CJHIJSQO

I don't like writing disclaimers....but I always try and make the best of it....like: DISCLAIMER: I do not own this.......however I do own a laptop and desire to muse.
Sometimes I even write a poem for my disclaimer :)

24 Name: eeyop1428 : 2010-01-04 16:30 ID:tP4uOZWI

>>21 If fanfiction is so illegal, then why hasn't the site been removed yet then? Where's is say that fanfiction is illegal? Fanfiction is just fanfiction. Every writer in it should know who owns the world/plot/characters they are using in their made up plots and AUs, because how would they write fanfiction in the first place? It's clearly an informal site and the term fanfiction explains itself: the stories are the authors' work but not the original material they use and base them on.
Also, fanfiction is kind of like a compliment to the original author. But if they don't approve of their story being used in fanfiction then we must respect that.

25 Name: Marth : 2010-01-04 20:45 ID:ayDHAMhb

Fanfiction is actually in a sort of dubious legal limbo. It can easily be construed as copyright infringement, but most creators turn a blind eye to it as long as (a) they're not actively made aware of it, and (b) fen don't try to make money doing it.

There's quite a bit of wiggle room on that first point: Some creators are happy to acknowledge fanwork, and some will get their panties in a twist if anyone touches their characters. Those people DO have a right to send cease-and-desists, because fanfiction does use copyrighted characters without permission. But the vast majority of creators are at the very least willing to leave fanficcers alone if the fen extend the same courtesy.

What it really comes down to, more than anything, is money. Even if you think normal fanfiction is legally squeaky-clean, attempting to make money off someone else's copyright is clearly illegal. That's why there's crazy wank whenever someone tries to publish a fan novel without the original creator/company's permission. Dumbasses like that can ruin it for an entire fandom if the Powers That Be decide to go on the hunt after some idiot tries to make money off their trademark.

None of that has anything to do with disclaimers, though. I agree with everyone who's said that disclaimers are a respect thing. They're definitely not legal protection. If, say, you write a Vampire Chronicles fanfic and Anne Rice (who's one of those anti-fanfic creators) sends you--or, more likely, the website where you post--a cease-and-desist, "I put on the fic that I don't own it!" would not save your fic from going bye-bye.

26 Name: ... : 2010-01-05 01:42 ID:CkSt3agQ

Exactly.
@24- I would appreciate it if you actually researched the legality of fanfic before commenting on it. At present, groups are campaigning for it to be recognised as transformative, but as Marth says, it's currently a grey area. In a court of law, you likely wouldn't have a defence. The reason we're not all being sued is outlined in previous posts. Also, the administration cost would be disproportionate to any gain, as said gain would not be financial- these are BUSINESSES.

27 Name: eeyop1428 : 2010-01-05 16:40 ID:3eMkYmIp

>>26 Okay. So... does that mean everyone is at risk of being sued on ff.net, and we shouldn't be posting stories anymore?? This legal business is confusing and scary. I don't want to be sued for just writing fanfics without bad intentions and which the innocent reasons for it is useless to defend me with.
Is including a disclaimer out of respect for the original author enough?

28 Name: ... : 2010-01-05 16:50 ID:CkSt3agQ

Realistically, they're not going to sue- just think of the cost and paperwork to chase up EVERY SINGLE person who writes fanfic (most of whom use pseudonyms!). It's not worth it. At the same time, if they DID want to, then no, a disclaimer would make absolutely no difference. So, as Marth says, it really depends on the fandom. It's similar to how schoolteachers photocopy sheets from books which say 'Do Not Photocopy' on- it's not like they're actually going to get in trouble for it. In short, I wouldn't worry.

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