In article <see2go4me-332F02.18012624082007@[EMAIL PROTECTED]
>,
-Andy- <see2go4me@[EMAIL PROTECTED]
> wrote:
> In article <btr1702-3F2875.12351324082007@[EMAIL PROTECTED]
>,
> BTR1701 <btr1702@[EMAIL PROTECTED]
> wrote:
>
> > In article <vv2dnbxHltC3aFPbnZ2dnUVZ8tKsnZ2d@[EMAIL PROTECTED]
>,
> > "AGOL" <nemo1nemo@[EMAIL PROTECTED]
> wrote:
> >
> > > A disclaimer of some sort is also considered usual.
> > Yes, despite the fact that those disclaimers have no
> > legal effect and actually serve to make a prima facie
> > case for copyright infringement should anyone decide
> > to sue over it.
> And a lot of them have the words "no copyright infringement
> intended" or "covered by fair use" or similar words which
> clearly shows the authors of these works have no idea what
> copyright, fair use, and 'intellectual property' really mean.
> I've always thought the use of the word "disclaimer" was
> unfortunate. They are really an acknowledgement of the source
> material being borrowed from.
Yes, it's pretty much saying, "Yes, I know the material I'm using
belongs to someone else but I'm doing it anyway." So in the event the
copyright owner decides to sue, all they have to do is point to the
disclaimer and say, "See? This disclaimer is proof you knew about our
intellectual property rights."
Basically by putting a disclaimer on your fanfic, you're foreclosing any
possible "innocent mistake" defense you might otherwise have.
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