TopShelf TG Fiction in the BigCloset!
If an author has disappeared (i.e. passed away, hasn't posted an entry on the website or any other reasons) who has permission to legally take over another authors' story if a person has ideas to continue a story.
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Comments
Legally Take Over
Treading in legal mine field in my understanding as no one has the right to take over another's story, or possessions without court approval. There are several lawyers on this site and I'm hoping they will correct me if I'm wrong. There is also a copyright law which locks the story to the author for the life of the author plus an additional seventy years.
"IF" said author has truly passed on then one may write their own kind of story using that author's story as a basis for their own story. Careful with the plagiarism as that may bring back to life the author if they are still with the mortal world. All said and done, I am NOT a lawyer and I am NOT giving legal advice nor any kind of advice pertaining to writing or how to use another author's works for a guide as their own stories.
Hugs DJdownunder, careful how you proceed.
Oklahoma born and raised cowgirl
All that legalese
only becomes a problem if the family of the author knows about their work. If they are truly deep in the closet, the family won't know and in many cases, won't want to know that their late 'dearly beloved' was a tranny (or worse).
As for their published works (that includes posting here) I would like to assume that an PM to Erin assigning the copyright of everything published should be enough cover any legal issues. You have shown intent while sane (in most people's eyes). Would a family argue in court? Only if they have gazillions of $$$ to spend on lawyers. Is the literary part of the estate of any author here worth it? I doubt it.
Samantha
I Beg Your Pardon
"was a tranny (or worse)." What could be worse? Really Samantha, I'm not sending you any more ice cream or fruit cake, or frozen shrimp or...,
LOL, Okay girl, you missed the point of the artistic works of my less than intelligent response to DJdownunder.
As per your comment, let's use "The Last of The Fey" as an example. She gave the rights to her stories to her brother who in turn bequeathed the stories to BCTS with her death. Have no copy of what transpired so that right could be to Erin or BCTS. Thus is a short example of your post.
Darling you really waffled on the legalese of the rights of writers whether they are alive, using an alias, or the kin knows. All those rights of the author are still legal in the U.S. known or unknown, copyright or not copyright at time of publication no matter what form it is published. IF the author is deceased, if no kin are known the rights still hold. Taking a long shot someone isn't going to notice because it might be a tranny story and those kind of readers are few and far in between is whistling past the grave yard. Hoping the rightful owners won't get a lock on the story being used by others not entitled is playing the lotto. Finding the right lawyers means fur will fly and it's not that expensive. I had two different publishing sites shut down because they copied my stories. Admittedly I didn't sue them but it was coming.
The smartest response to this situation came from Kimmie when she suggested writing as Fan Fic. I agree, don't step in the cow pie on purpose. Some of that is impossible to get away from the stink.
Hugs Sam, go back to sleep
Barb
Life is a gift, don't waste it wishing. Yesterday is past, tomorrow is yet to come, today is all we have.
Oklahoma born and raised cowgirl
Take over
I pretty sure you can continue the story as a FanFic but make that obvious.
Any story technically will likely belong to somebody's estate legally and you will need to obtain permission to take over any legal rights to it. So obviously you can't make money off it unless that is the case.
It would be pretty awkward if the author finally comes back to it if you want to define your continuation as canon.
Label what you write an unofficial continuation/fanfic
and, at least as far as posting to BC is concerned, you should be fine. Provide a link to the author's original work -- your stories won't be considered part of the original piece, but their own thing, but so long as you're clear about intent I don't expect it would be an issue.
Fanfiction and unofficial not-for-profit works are usually pretty safe, especially when you're talking things like transfic :)
Melanie E.
Legally
Legally, fanfic is at best fair use or satire, and otherwise copyright infringement even if usually considered harmless. But this is in no way legal advice.
Hugs,
Erin
= Give everyone the benefit of the doubt because certainty is a fragile thing that can be shattered by one overlooked fact.
Copyright expiry
Seventy-five years must pass, after the death of the author. Then, their work becomes public domain and you can use it, modify it, etc.
Where the author is unknown/anoymous, the rule is seventy-five years since the date of publication.
Obviously, you might consider that a vanished minor author is "fair game" the way the story theives who publish stolen work on Amazon do... but even if you won't face a courtroom, there's the moral question - where you might be judged by the readership.
Sugar and Spiiice – TG Fiction by Bryony Marsh