Question about copyrighting and stuff like that... - The Barrow-Downs Discussion Forum

mormegil · 02-12-2007, 01:23 PM

I found this helpful from the U.S. Copyright site that Saucie provided, I know it's late but you know the saying...

Quote:

How much of someone else's work can I use without getting permission?
Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances. See FL 102, Fair Use, and Circular 21, Reproductions of Copyrighted Works by Educators and Librarians

This doesn't cover fan fiction but obviously discussing the books and using quotes, even rather lengthy quotes (Boro, I'm looking at you

) is in no way a violation of copyright. Accordingly I interpret this to also mean fan fiction is not a violation of copyright inasmuch as we give credit to Tolkien for the source which this site has adequately and satisfactorily given.

Elmo · 02-18-2007, 01:48 PM

I thought 'hobbit' was copyright and that is the reason most of the shoddy rip offs of lotr use the word 'halfling'

Mithalwen · 02-18-2007, 02:26 PM

Hmm hobbit as a word and a concept is clearly part of Tolkien's personal creation in a way that elves, dwarves and dragons, as preexisting "dictionary words" are not. It is a trademark of the Tolkien Estate according to Wikipedia and that is why halfling is used. However using the word or character names (many of which ar trademarked) is only a problem if you are doing it for commercial purpose - so Sauce is unlikely to get sued for calling his dog Frodo

.

Volo - while I think Menel was overreacting it isn't something to be flippant about - people have got into trouble with illegal music downloads and most writers and artists (including Tolkien for much of his life) lead financially precarious lives and deserve to have the fruits of their labour protected. Given that so much of the revenue from the Tolkien estate goes to a huge range of humanitarian and educational charities vie the incredibly effecient Tolkien Trust , I for one do not begrudge it protecting its rights.

Volo · 02-18-2007, 02:38 PM

Yes, I like deciding such moralities myself. If we got money for what we wrote here, it would be rather immoral to do so without J.R.R. Tolkien's approval. But if the copywrite owner isn't J.R.R. Tolkien, nor a anybody he himself put in charge, then that person shouldn't get copywrite money. Ah... Just random thoughts... As long as we don't start selling this site or brainwashing people with it (too openly), I see it as moral.

Boromir88 · 03-12-2007, 01:43 PM

I just found this thread...

Quote:

even rather lengthy quotes (Boro, I'm looking at you )~morm

Don't look at me!

Copyright, plagiarism...all that stuff can be a serious offense, but it's really quite easy to avoid. Here's a few things that profs and such have instructed about making sure you're not plagiarizing, or breaking any copyright.

That whole thing about 'changing every three words' is a load of crap...you can still be breaking 'laws' by mixing around sentences and changing every few words. The safest way to avoid plagiarism is just cite it.

One of my college professors had told me an excellent statement about the whole issue that I always keep in mind and that is...

'Anything that you do not have cited I am taking it as that is your own work and you are presenting it to me as your own work.'

And that is something everyone should be aware of...if you don't have something cited that means you're telling people that's your own work (and if it happens to not be your own work you can get into serious trouble). If you cite it and aren't trying to make a profit from it, you shouldn't have to worry about breaking copyright or plagiarizing.

Hope that helps ya Menel.

03-24-2007, 05:18 AM

I hardly think the Tolkien Estate is going to get their knickers in a twist regarding either scholarly debate and/or good-natured RPGing in the LOTR universe...

What's the huge concern? I did a search for both LOTR RPG's and MMORPG's and found a load of websites, with little or no mention of JRR, Tolkien, or Tolkien's estate. Perhaps if lawsuits will be levied, they'll go after Decipher first!

* Sample LOTR RPG: http://lotrrpg.decipher.com/about.htm
* Sample LOTR MMORPG: http://www.lotrmmorpg.com/

To tell the truth, I'm not much for roleplaying anymore... *hides grey hairs*

02-18-2007, 01:48 PM	#2
Elmo Pittodrie Poltergeist Join Date: Jan 2007 Location: trying to find that warm and winding lane again Posts: 633	I thought 'hobbit' was copyright and that is the reason most of the shoddy rip offs of lotr use the word 'halfling' __________________ As Beren looked into her eyes within the shadows of her hair, The trembling starlight of the skies he saw there mirrored shimmering.

02-18-2007, 02:26 PM	#3
Mithalwen Pilgrim Soul Join Date: May 2004 Location: watching the wonga-wonga birds circle... Posts: 9,461	Hmm hobbit as a word and a concept is clearly part of Tolkien's personal creation in a way that elves, dwarves and dragons, as preexisting "dictionary words" are not. It is a trademark of the Tolkien Estate according to Wikipedia and that is why halfling is used. However using the word or character names (many of which ar trademarked) is only a problem if you are doing it for commercial purpose - so Sauce is unlikely to get sued for calling his dog Frodo . Volo - while I think Menel was overreacting it isn't something to be flippant about - people have got into trouble with illegal music downloads and most writers and artists (including Tolkien for much of his life) lead financially precarious lives and deserve to have the fruits of their labour protected. Given that so much of the revenue from the Tolkien estate goes to a huge range of humanitarian and educational charities vie the incredibly effecient Tolkien Trust , I for one do not begrudge it protecting its rights. __________________ “But Finrod walks with Finarfin his father beneath the trees in Eldamar.” Christopher Tolkien, Requiescat in pace

02-18-2007, 02:38 PM	#4
Volo Silver in My Silent Heart Join Date: Aug 2006 Location: the great beauty Posts: 1,611	Yes, I like deciding such moralities myself. If we got money for what we wrote here, it would be rather immoral to do so without J.R.R. Tolkien's approval. But if the copywrite owner isn't J.R.R. Tolkien, nor a anybody he himself put in charge, then that person shouldn't get copywrite money. Ah... Just random thoughts... As long as we don't start selling this site or brainwashing people with it (too openly), I see it as moral. __________________ Fenris Wolf The EVEN NEWER Barrow-Downs Photo Page

03-24-2007, 05:18 AM	#6
Milady D'Hobbit Guest Posts: n/a	Copywrite Infringement? I hardly think the Tolkien Estate is going to get their knickers in a twist regarding either scholarly debate and/or good-natured RPGing in the LOTR universe... What's the huge concern? I did a search for both LOTR RPG's and MMORPG's and found a load of websites, with little or no mention of JRR, Tolkien, or Tolkien's estate. Perhaps if lawsuits will be levied, they'll go after Decipher first! * Sample LOTR RPG: http://lotrrpg.decipher.com/about.htm * Sample LOTR MMORPG: http://www.lotrmmorpg.com/ To tell the truth, I'm not much for roleplaying anymore... hides grey hairs