Can I post an adaptation of a book or movie?

Adaptations have been a long-standing concern/argument at the Haven.  JMK made it clear when this was previously addressed that it was basically a “do so at your own risk”, however, that it didn’t mean it was open season on adaptations and everyone should start doing them. Now, almost 20% of the fics posted are adapts.  As was pointed out a couple of years ago (when only 2 people were doing adapts), if you wanted to do one, you must respect copyright laws and the “Fair Use Act” when adapting a book or movie.  It seems the “Fair Use Act” was misinterpreted.  After doing extensive research on the issue, this is what we’ve learned.

The copyright law with respect to “Fair Use” in the United States is:

Notwithstanding the provisions of sections 106 and 106A [17 USCS sects 106, 106A] the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --

1.       the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

2.       the nature of the copyrighted work;

3.       the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4.       the effect of the use upon the potential market for or value of the copyrighted work.

We know, it sounds confusing. 

In layman’s terms:

1.       Was the adaptation done for a profit?  On our board, it isn’t, however, the criteria questions the “use” of the adaptation and if it’s used for criticism, comment, news reporting, teaching, etc.  Adaptations aren’t.

2.       What is the nature of the adaptation? If it were used for educational purposes, for example, it would probably be covered.  If it was done for entertainment purposes, it probably isn’t. 

3.       How much of the book is being copied? Publishing houses actually set a maximum word limit that can be copied from a book. Adaptations of books in whole are clearly in violation.

4.       Can adapting a book or movie (no matter how small) affect the original writer’s income?  Granted we can make the argument that we are exposing the writer to other posters, and they, in turn, may go out and buy their books or see their movies, but technically, we are affecting their income.

The laws have been rapidly changing as the Internet grows. Those who run websites/boards are now required to monitor the sites they host for copyright infringement and many are taking it more seriously.  Granted, N54 is having trouble enough keeping the board up and running, but nonetheless, they know that if they don’t monitor their sites, they risk being prosecuted for allowing copyright fraud to occur.  With that said, if someone wanted to complain to N54 about the Haven, they have the right to shut our board down if they so choose because we as moderators knew it was happening and didn’t do anything to stop it.  Bottom line, yes, we’re a small board, however, we’re of the opinion that adapting a book or movie isn’t worth taking the chance of having N54 delete our board. Therefore, we have decided that effective immediately, adaptations will no longer be allowed at the Haven.

For those of you who are currently in the middle of an adaptation, we will allow you to finish it.  We know, it sounds like we’re speaking out of both sides of our mouths, but we realize that posters would like to see how a story ends, so that’s fine.  Just keep in mind that all adaptation currently in progress must be completed by June 1, 2003.  Furthermore, we will be asking Marion the Librarian to delete all “adapted” stories from the completed archives on that date.  This should allow enough time for anyone who has adapted one and wishes to retain a copy to do so.

We’re sure we’re upsetting quite a few posters by doing this, but we can’t continue this practice at the Haven.   The board existed before adaptations, and will continue to do so after they’re gone.  If you feel the need to contribute something to the Haven, there are many other ways to do so.  You could try your hand at writing your own original fanfic.  If you’re not comfortable with starting from ground zero writing a fic, we encourage you to give one of the fic challenges a shot.  We want to start doing them with more regularity (we’ll be starting another challenge next week) and some posters have expressed it’s easier to do them because you have to follow certain guidelines with the challenge fics.  If you don’t want to write, you could always leave encouragement or feedback for others, you could get involved with the “Appreciation Campaigns,” you could try your hand at fanart, etc.  There’s always something going on at the Haven you could get involved in.  We hope you understand our decision.  If you have any questions or comments, please e-mail us at sbfchq@yahoo.com

Respectfully,

CeeJay

We know someone’s probably wondering, “What about original fanfics or fanart? Aren’t they a violation of copyright laws?” The law basically says that it’s up to the creator of a show to decide if they want to go after fans doing these things. Many don’t because, in a way, they like that it’s promoting their show. Since TPTB at Days have included links to Fanfic websites on the “official” Days website, that answers that question. They’re ok with it and it isn't something we need to worry about.