Does Fan Fiction novel violate copyright infringement?
SweetsTomato
Don't worry dude, just keep on writing. I would advice u to change the title and a bit of the characters, if u want it. Other than that I don't think there's gonna be any trouble. I mean lookout, there's ton of novels here and most of them are based on is something. In fact, all novels, characters, scenes, scenarios are based on some other novels or the likes. So if they don't get sued why would urs be.
Be happy
FujiCigarette Nope. That is still dangerous. Donation = making money.
SnoozySloth Most trouble is some publisher care about their IP. For example Disney protected their character from being used as sex symbol. What if someday one make Mickey Mouse SEX System. That would 'destroy' their brand. Or Mickey and Goofy BL story. That is the problem.
MasterRabbink Donation = making money
while to me and to some people that sounds correct
it still boggles my mind how some
non-profit organizations accept donations though....... if it is considered making money
Hmm...well, if you're making money off of it, then yes. It's no longer in the foggy area of 'fair use.'
If the author has requested no fan-fics, then yes, there's no hint of foggy permission or deniability.
It basically falls to the publisher and author whether or not they'll go after fan-fics. Some of my favorite authors specifically request no fan-fics and yet another has built a multi-volume series of allowing them for one of his series. I would suggest checking it out, but starting 1632 and its numerous, numerous, numerous fan-fics (some of which are now official novels!) is a long, torturous and expensive rabbit hole!
Can someone make a ff of a Qi novel? On the main site in china there are tons of novels copying each other and yes they put chapters behind paywalls. I would think they don't care.
FujiCigarette
Non-profit means not having the aim of profiting. They can still make money, but they will use it for whatever aims they have. Here is an excerpt from the wiki page;
''In economic terms, it is an organization that uses its surplus of the revenues to further achieve its ultimate objective, rather than distributing its income to the organization's shareholders, leaders, or members.''
GreasyBeer ''In economic terms, it is an organization that uses its surplus of the revenues to further achieve its ultimate objective, rather than distributing its income to the organization's shareholders, leaders, or members.''
this aint relevant to the thread but, my country got a tonne of donations from the last natural disaster and a lot of those donations went to non-profit organizations and honestly the people that needed it havent seen a cent....makes you wonder where all that money went....
as for the thread then... authors make note declare yourselves as a nonprofit writer from now on and still accept donations and use it for your intended purpose... lol
FujiCigarette Webnovel being a site that distributes published works they own the rights to host here might be held accountable.
They generate income from ads and sales of inhouse currency, allowing for fanfic to be hosted here could risk them being sued.
If what you have becomes well known and successful, you can bet they be after you. Making money from fanfic means you are not a non-profit author as you are indeed profiting.
Example
Megaupload - Hosting site
Nostalrius - WoW private non-profit server
Axanar - Star trek fan made movie
Fanfic authors sued below
Salinger v. Colting, 607 F.3d 68 (2d Cir. 2010)
Suntrust v. Houghton Mifflin, 268 F.3d 1257 (11th Cir. 2001)
Anderson v. Stallone, 1989 U.S. Dist. LEXIS 11109 (C.D. Cal. 1989)
Klinger v. Conan Doyle Estate, 755 F. 3d 496 (7th Cir. 2014)
Castle Rock v. Carol Publishing, 150 F.3d 132 (2d Cir. 1998) and 7. Paramount Pictures v. Carol Publishing, 11 F. Supp.2d 329 (S.D.N.Y. 1998)
Warner Brothers v. RDR Books, 575 F.Supp.2d 513 (S.D.N.Y. 2008)
Dr. Seuss Enterprises v. Penguin Books USA, 109 F.3d 1394 (9th Cir. 1997)
Paramount Pictures v. Axanar, Case No. 2:15-cv-09938 (C.D. Cal. 2016)
West i cant really consider those as the modern term we call as fanfic authors most of those cases are generally about authors making fictions based on other works and publishing them on a ligitimate publishing company intending profit.... which they might and will be sued for... which confuses me as the works they are defending sound like they are using elements of the original work and making reference rather than actual plagiarizers, since copyright law affords more protection to certain works than others, the nature of the works you have copied matters
usually what i envision what a fanfic is, is a fiction changing the original based on the views and imagination of a fan, which involves a lot more of the originals work than it is actual critique or a take based on it....
while yes if you make a tonne of money you will get sued the examples you list of actually involved actual money making organizations suing each other.
what is generally termed as fanfic nowadays are usually single authors posting in hosting sites, the real danger only comes to site like this that actually involve real money in it. maybe thats one of the reasons why it feels dangerous on this site and the site generally takes action if a case does come up i.e mass deletion of fanfics in ff.net a few years back
small time authors that post fanfiction generally dont get sued though, they usually get a cease and desist first before any suing is done....
so for any authors wanting to make money through fanfiction.... well better think things through first
for authors just wanting to post free works... go ahead worst thing to happen is your story gets deleted for a while and get reposted in some forum somewhere like most completed fanfics before 2007 that got deleted from their hosting sites
but im no attorney and i dont know what im talking about... everything ive posting are just things that i have obserbed when i started browsing the internet since 2007
but heres a link that might help answer your question
https://www.avvo.com/legal-answers/can-non-profit-writers-be-sued-for-fanfiction--623294.html
They could be sued if they have violated trade marked content and some fanfic authors have 50% or more copy paste content. All they do is add OC/SI and include their character.Some places might not accept this but if enough publishers find it irritating they can lobby their governments to force action.
Let's be real, donations for fanfic/translated work is a murky area. If you look it up you will find that some authors allow for fanfic but others do not, unwritten rules for this kind of thing is to not profit or generate money using content not owned by you when you have no right to.
But webnovel having already taken action against non-authorized translations should know better to host it. Megaupload was outright blocked by all ISPs in the west, they don't need to get the hosting company to take action to take down website's if they block it out right.
Webnovel's parent company being a major publisher might actually be allowed this if they brought the rights to it.
I have no problem with fanfiction or translated works, but monetizing it without getting permission is just a di*k move. That's how webnovel formed, because they saw it as a profitable venture and took action to stop their content from being exploited.
FujiCigarette That is corruption and irrelevant to 'make money'.
Even AO3 (Archive of Our Own) one of the largest FF sites (which may give legal help when a FF writers get sued worldwide.) does not allow donation link (Patreon, etc). They couldn't defend you otherwise.