Immigrant Tale - A non-native's plight in the Diaper Dimension (Chap. 4 added 9/24)

[BabySofia]

22 minutes ago, Princessamaryllis said:

There should be a rule that if an author hasn’t posted anything on a story for over two years then others can take over and finish the story. Especially if the author is not active on other posts. 

I strongly disagree here, that is copyright infringement and shouldn't be the way people go about things. If there's maybe a plot element you enjoy from the story that's one thing to use the idea, but to 'finish someone else's story' isn't something that is okay. More importantly if you look at their profile, this author does visit the site and visited yesterday last. Maybe something has happened in their life that stopped them writing? Unless they give express permission though we need to honor their creativity and leave things alone. 

[something101]

3 hours ago, BabySofia said:

I strongly disagree here, that is copyright infringement and shouldn't be the way people go about things. If there's maybe a plot element you enjoy from the story that's one thing to use the idea, but to 'finish someone else's story' isn't something that is okay. More importantly if you look at their profile, this author does visit the site and visited yesterday last. Maybe something has happened in their life that stopped them writing? Unless they give express permission though we need to honor their creativity and leave things alone. 

Fair use negates the copyright issue, whatever ending a fan gives it just won't be cannon unless the original author acknowledges it as so, now a good option would be to ask the author to take over or at the very least make it clear that the fan ending is not the work of the original author and where to find the original 

[Kahlez]

5 hours ago, something101 said:

Fair use negates the copyright issue

Not true fair use has its limits and I dont think we need a discussion here about legal issues, so lets just say you cant take another story finished or not as a whole, use it and write an ending. 

[Sky Hooves]

Or... you could just try to contact the original Author and ask for his permission to finish his story first, before you try anything else. THEN you can discuss about legality about continuing another ones story.

 

Or, you just use this story as a base, to write your own.

[BabySofia]

7 hours ago, something101 said:

Fair use negates the copyright issue, 

https://www.copyright.gov/fair-use/

1. Nature of the copyrighted work: This factor analyzes the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression. Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
2. Amount and substantiality of the portion used in relation to the copyrighted work as a whole: Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely. That said, some courts have found use of an entire work to be fair under certain circumstances. And in other contexts, using even a small amount of a copyrighted work was determined not to be fair because the selection was an important part—or the “heart”—of the work.

Please note I'm not trying to get into a war with you here on Fair Use, this is verbatim from the US Government site on Fair Use that I have linked above. What you are saying is a gross misunderstanding of Fair Use that I have seen propagated way too often on these kinds of sites. 

As another poster said, you could ask for permission to finish the work, but the truth is without that permission this would not stand as a Fair Use work. Will you probably get sued here? I doubt it, but it's definitely not within the law.

[something101]

1 hour ago, Kahlez said:

Not true fair use has its limits and I dont think we need a discussion here about legal issues, so lets just say you cant take another story finished or not as a whole, use it and write an ending. 

As long as you add your own spin( this includes fan endings) fair use applies.

1 minute ago, BabySofia said:

https://www.copyright.gov/fair-use/

1. Nature of the copyrighted work: This factor analyzes the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression. Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
2. Amount and substantiality of the portion used in relation to the copyrighted work as a whole: Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely. That said, some courts have found use of an entire work to be fair under certain circumstances. And in other contexts, using even a small amount of a copyrighted work was determined not to be fair because the selection was an important part—or the “heart”—of the work.

Please note I'm not trying to get into a war with you here on Fair Use, this is verbatim from the US Government site on Fair Use that I have linked above. What you are saying is a gross misunderstanding of Fair Use that I have seen propagated way too often on these kinds of sites. 

As another poster said, you could ask for permission to finish the work, but the truth is without that permission this would not stand as a Fair Use work. Will you probably get sued here? I doubt it, but it's definitely not within the law.

Sargon of akkad vs akilah Hughes shows just how little things have to change in order for fair use to apply creating your own ending for a story yor a fan of changes more than enough to qualify. 

[Kahlez]

25 minutes ago, something101 said:

As long as you add your own spin( this includes fan endings) fair use applies.

As BabySofia kindly added some detailed information maybe a court would agree but there a many details and factors to consider for that conclusion. But regardless I think it is not respectful of someone´s work to just steal it. If you like it and want to finish it use it as a rough blue print for a story you write from the beginning, showing respect to the original work but not just copy it. Of course if you want to use the original ask the author for permission. 

[something101]

I agree that asking for permission is the nice and polite thing to do all I'm pointing out is that fair use applies to fan endings and even things with just a simple changing to a video title as I referenced before with akkad vs akilah 

[Kahlez]

Ok last statement to this topic then it is finished for me. There are a lot of court cases involving fair us and copyright with different outcomes. You are right there a good amount where fair use was fully or partially accepted and there are also a lot where fair use was denied. So all I want to say is only because you think it is fair use and there are cases in which it works, does not mean it works all the time. It always depends on specific details of those specific cases. 

[keith60]

the story was good but it was too short