Amazon and Tolkein Estate force author to destroy all copies of his work. Only pirated copies will survive. - eviltoast
  • bane_killgrind@lemmy.ml
    link
    fedilink
    English
    arrow-up
    17
    arrow-down
    5
    ·
    11 months ago

    They plagiarized his fanfiction. Theoretically you would have rights to your stories even if they involve characters that you don’t have rights to.

    • ILikeBoobies@lemmy.ca
      link
      fedilink
      English
      arrow-up
      7
      arrow-down
      1
      ·
      edit-2
      11 months ago

      US law is on the Estate’s side

      If the characters/events from LOTR are a big part of his fan fiction then the Estate can have it destroyed

      Also since the author had no legal ownership of the works, there is nothing wrong with the people who have rights to it using it

        • ILikeBoobies@lemmy.ca
          link
          fedilink
          English
          arrow-up
          7
          arrow-down
          1
          ·
          11 months ago

          The if part is what gets argued in court

          https://en.m.wikipedia.org/wiki/Transformative_use

          transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original

          Fifty Shades vs Twilight would be transformative

          Anderson v. Stallone

          Would be the most likely case reference for this ruling where Anderson made a Rocky sequel and it was deemed infringement

          • bane_killgrind@lemmy.ml
            link
            fedilink
            English
            arrow-up
            1
            ·
            edit-2
            11 months ago

            Yeah wow it’s like I thought ( the right holder being able to dick around writers)

            It was strikingly clear to the Court that Anderson’s work was a derivative work; that under 17 U.S.C. section 106(2) derivative works are the exclusive privilege of the copyright holder (Stallone, in this case); and that since Anderson’s work is unauthorized, no part of it can be given protection.

            After he had meetings with MGM about using that script.