A recent post led to a discussion on copyright.

[conuly]

Now, first things first, everybody in that discussion has been polite to one another, and I thank you. It's not every community that has people who are polite even when they disagree, and that's really special. If you have no idea how wonderful that is, just take my word for it - this is pretty cool. *hugs*

However, it did raise a few questions which I think should be addressed here, so I'm going to tackle them in increasing order of importance.

1. This isn't the place to discuss the ethics of crediting. It doesn't matter if you have good reasons for not wanting to credit, or good reasons for wanting credit, this isn't the place. Most of the time, in other communities, this leads to massive dramafests, and I don't want it here.

2. Just about every icon and fanfic and fanart on LiveJournal, especially those which deal with books or movies or artwork made within the last, what, 75 years? is violating somebody's copyright. Yes, it is copyright violation even if you're not profiting from your icons or fanfic or whatnot.

The vast majority of us, and of copyright holders, let icons and fanfic slide under the rules because prosecuting would do more harm than good. However, there are exceptions. Until recently, for example, Anne McCaffrey did not allow fanfic about her work. Now she won't allow any fanfic about her work that includes sex, because she's a grandmother (I'm not sure why that's supposed to make sense, but whatever, it's her work, it's her rules).

I don't have the time to check up on every icon and make sure that the copyright holder approves of this sort of use. It's up to the icon creators to make sure they're not about to get themselves sued.

3. Icon creators slip. You're human, after all. It's possible you know for a fact that what they're doing is Not Allowed by the person who owns the copyright on that material. If you're not the copyright holder yourself, but you can link to a website where the copyright holder has clearly stated that this isn't allowed, please do so in a reply to the offending post.

The appropriate reply to this sort of post isn't a discussion on copyright law, or on the ethics of enforcing your copyright. It's either "Oh, oops, I didn't know that, I'll take them down" or "Yeah, I don't care if I get sued". If you say the latter, and the commentor comes to me to complain, and I think the evidence is clear that you could get yourself - and me! - prosecuted, the appropriate response to a maintainer's comment is "Done".

4. If you are the copyright holder, you get full veto power - if you can prove your identity. Since this would be difficult to do, I suggest that you read this FAQ and decide for yourself if it is perhaps easier to do that officially. While I would appreciate a comment to the offending poster before bothering the abuse team, you (being the copyright holder) don't have to do that.

That said, Brian Froud is apparently an exception to the rule, much like Anne McCaffrey was. This is his choice. Whether or not it's a good choice, this isn't the place to discuss it. Email him and complain if you dislike his rules.

I just want to say again how glad I am that everyone in that discussion was able to talk about this maturely, respectfully, and nicely. It does my cynical heard good. No, really. I just assumed any discussion like that would automatically end up on LJDrama or something. And now I must run, or else I'll be late.

Comments

[beccak1961.livejournal.com]

This is why I like dead people. They could care the less if you use thier work. Their heirs might, but they don't.

On a side note, am reading and enjoying my first Hilari Bell book (did I spell that right? The book is across the room and I'm feeling really lazy, smack me with a wet noodle if I'm wrong)

[conuly]

Yes you did, and yes, I'm glad I can convert you to the BEST AUTHOR. Well, maybe not best ever, but.

[dandelion.livejournal.com]

See, I never understood that "grandmother thing". Unless she was somehow a virgin when she gave birth, she must've had sex at least once, and she'd know her progeny was having sex (unless she assumes her progeny had a virgin birth). I'd assume she'd be less opposed to sex-related fics than some of the prudish virgins I know.

*cough* Oh, copyright! That's a can of worms. What you said.

[conuly]

One would think. Besides, I *know* mothers and grandmothers who... nevermind.

[boosette.livejournal.com]

I think it could be something along the lines of not wanting her grandkids to stumble upon Pern(R) Porn and think that she wrote it. Or that her books are now being sold as YA. Or something.

[lyricalnights.livejournal.com]

I think it's less that she's a grandmother and more that Anne McCaffrey is... slightly odd in many ways. Always has been, progeny or not, and it seems to have worsened over the years.

Makes me more inclined to stay out of her way. Egoists I can handle; crazy people are more than I care to tangle with. =)

[neytaritook.livejournal.com]

Anne Rice doesn't allow fanfic either. She's sued people.

[conuly]

Good to know. I'm mostly putting that down as an example rather than a guideline, but I'll tell people that if they ask.

[conuly]

Love the icon, btw. Frost?

[neytaritook.livejournal.com]

Yup :-)

[blueholocaust.livejournal.com]

Maybe another thing for the memories should be a post with all the authors and illustrators we know *do* mind listed on it? Or we could put it on the faq, the userinfo [though I know you don't want anything else on there!]... or something...?

[conuly]

I fully plan on adding this to the rules later. As soon as I shorten it up some and get a list.

[conuly]

It can harm their copyright and make it difficult to stop people who *are* stealing their artwork for money. It's not silly at all.

[conuly]

Don't blame them, though, blame our legal system and laws.

[marauderthesn.livejournal.com]

For the record, I was not aware before I made the icons that Brian Froud had the copyright rules he did; it's stated on his official site, but I got my pictures from other sources.

[conuly]

I believe you. I don't even *care*, really. If I were so concerned about copyright, I wouldn't be running an icon comm.