More than a few people have noticed that there are stories that do not have disclaimers. It is important that we give credit to the creator and the people who own the rights to Inuyahsa. Sometimes we forget so here is a reminder. If you have a story that does not have a disclaimer. Here is a generic one for you to use.

The characters of InuYasha are not mine, they are property of Rumiko Takahashi, Shogakukan, Yomiuri TV, Sunrise, and Viz Media. I do not make any money from the writing of this story.

Thankyou!


Sincerely,

Site Staff

*cries hysterically* I was one of those nawty, nawty people who didn't post a disclaimer!!!! I confess! Boo, hoo, hooooo!!!

Okay now that that's over, I have a quick question. I posted a disclaimer on the first chapter of each of my stories. Is that enough? Or do I need to have a disclaimer on each page?

Ah...hahaha *sweatdrops.


I hate disclaimers... it brings me back to reality knowing i don't know them..

Yea what Lady Sianna said, i'd hate to type Disclaimers on every chapter...

I babble more than enough in my author notes..



what if i say

"Disclaimer: I don't own Inuyasha, repeat this in every chapter"

does that work?

You have to site the people and if its just on the first chapter of your story that should be fine.

Should the disclaimer clause be added to the sites rules? I didn't see it there and so I was unaware that one was required. Or did I miss it somewhere?

For those of you that are new to fanfiction and those that have been around for a while but may still not know this, no matter what site you are posting on, whether it's Dokuga, fanficion.net or even your own website, a disclaimer is always, ALWAYS, required because it is required by LAW.

The staff here and at other sites will remind you because they are liable for the people using their site, but it is everyone's own responsibility to make sure they add one as they too could face fees and lawsuits if they don't.

Oh, sorry, I'm guilty of this too. I thought the site had some sort of disclaimer saying that stuff. That might be a cool idea so people dont have to put disclaimers and would completely cover the liability factor. Something along the lines of:

All characters here are property of their original owners. The anime Inuyasha belongs to Rumiko Takahashi etc etc... And this goes for every story on this site.

And then if you add in other characters or other things that do not belong to you (songs and other anime and the such) you have to disclaim them.

Just food for thought... probably not even possible. LOL

And now I'm off to disclaim my two wee stories with Nobody's generic disclaimer. Thanks for putting that up, Nobo.

Maru

Hairann wrote:
For those of you that are new to fanfiction and those that have been around for a while but may still not know this, no matter what site you are posting on, whether it's Dokuga, fanficion.net or even your own website, a disclaimer is always, ALWAYS, required because it is required by LAW.



You make a good point about old and new to this type of writing, so making it as part of the rules of the site might be a good idea. Some people don’t read them, but I’m sure a lot do and that might make a lot less reminders for our admins to be sending.

But that's just my suggestion. Thanks for the info, i'll be sure to add the disclaimer!

To Tataru: I think adding it to the rules would be a good idea and would give people a heads up if they are in fact new and do read the rules.

To Maru: Putting a disclaimer on the site as a whole wouldn't really work for one simple reason. As we can already see by some of the posts, people weren't aware of needing one. If k-chan and the other staff here was just to put one up for everything, new people joining or entering into fanfiction would not know that they indeed need to list a disclaimer on other sites. Having the individual post it themselves, teaches them that they do need to have one and will help them get used to posting it. That way they don't make a mistake on another site. If the pros of the idea did out weight the cons than I think it would have been a great idea though .

Awwww dang it!
I knew I was forgetting something in my author's note! D:
*Goes back to fix it*

Thanks for reminding me. ^^;;;

EDIT//

ahahaha. I DID have a disclaimer.
Just not a very detailed one. D:

Curiosity:

Not that I have anything against disclaimers and if the owners of this website choose to make it mandatory in order for use of their script and server space then certainly I will either follow directions or take myself elsewhere... although...

What exactly do people think they are doing when putting up disclaimers? I have used them before, usually due to people around me making significant amounts of waves about potential lawsuits and copyright laws they themselves know little to nothing about. I'm all for making others happy, typically. Still... I have to wonder what sort of use people believe they will receive from placing a disclaimer. (Usually a poorly worded one which is not at all inclusive of all copyright holders and will leave some legal loophole thereby further damaging any success it may have.) I'm sure that people believe that disclaimers protect them somehow much in the way that a citation does but this is not the case, as far as I have researched and discovered.

Citations are used, typically, in what is considered fair use works. Fair use covers educational documents and the like. Fan made works, to include fan-fiction, are not fair use works. They are derivatives. Derivative works can be protected under law in the United States, however, it is typically under a judge's rule as to how much knowledge the fan creator had of the original work to justify legal action. Using a disclaimer will not only prove that you know of the original work but that you know that you do not own the work and have no legal rights to use it in the manner in which you are choosing.

From what I understand fan-fiction falls within a certain gray area of the law but still if a copyright holder were to take legal action against a fan-fiction writer a little disclaimer blurb would likely not protect them in any way. (And it may actually incriminate them further.) Also... the idea that the creators and owners of the Dokuga website would receive legal action against them for the works that people within place is unlikely. They have no control over what we, as users, place on their website since it is a user-based interface which allows us to input information at our own bidding. They could, potentially, garner legal action for allowing such content but that action would likely be nothing more than a cease and desist order.

Unfortunately... no matter what we might say or do, currently fan-fiction is an illegal act.

Of course... I now must put up a disclaimer: I am not a lawyer. I have never studied law in an accredited institution of education. What I have posted here should not be taken for legal advice or used as such.

Hah... irony.

P.S. I would highly be against making disclaimers mandatory as they are in no way legally required and still provide minimal if no protection. (If there is a law which states that those who create derivative or transformative works must place a disclaimer I'd certainly love to see it. Usually disclaimers are used as a way to protect from other laws and are not, in their own right, laws themselves.) I do realize, however, that what I think clearly would and does not matter.

I have worked in an industry in two countries that deals on a regular basis with copyright issues for the past 7 years. I understand your issues above, and how fanfiction might be a grey area.

Fanfiction borderlines on personal use copyright laws. We are using someone else's ideas and characters for our own personal enjoyment. THough you are right, it is gray, it still falls under this category.

You cannot under any circumstances make profit from someone else's material, ideas, or writing. Hence the disclaimer. We are giving credit to the original creator and the corporations who hold the copyright, hence all sub holders within. It does not implicate you further, to put a disclaimer then to not.

Also Dokuga is a site run on donations from the members here. Hence why is needs to be stated that no one makes any profit from their stories and neither does the site.

Also, If Takashi ever read my work (for some ungodly reason) i would want her to know that i give her credit, and that this is all just in good fun.

I have to agree with Nobody here....We have to put a disclaimer in ATLEAST the first chapter of the story. It is the gray area of copyright but it is best to have it.

Oh my. I just realized that I was putting my disclaimers in the "summary" section that each chapter USED to have, but which I can no longer find. So none of my stories have disclaimers. :'<

You're all looking at disclaimers in the wrong light. Forget the legal ramifications and threats of lawsuits. Personally, I have sold ecchi fanart in the past and no lawyers descended from the heavens to exact punishment upon me. No one in their right mind is attempting to claim the work of Rumiko Takahashi as their own, of that we can be safely assured.

All of that aside, disclaimers are merely a nod to the original writer and distributors if you choose to include them as well. Think of these scant few sentences as recognition for their hard work in bringing us an enjoyable story that we feel to celebrate by penning fanfiction.

I'm not going to deny that there are legal elements to their presence, but I am fairly certain no one will be sued if they leave them out. You are however being discourteous to the original author and her creation. This sort of flippant attitude has no place here or in the realm of fanfiction.

Ah. I see, I see... so what I am hearing is that a disclaimer, while originating out of purely legal purposes, has now evolved somehow to become a rule of etiquette?

Curious.

Ah. I see, I see... so what I am hearing is that a disclaimer, while originating out of purely legal purposes, has now evolved somehow to become a rule of etiquette?

In large part, I'd say yes. It could be construed as a personal opinion, but I feel a valid one and one we should all consider for ourselves. I put them in not to cover my legal responsibilities, but in deference to the author's work and the publishers.

So if someone feels that they shouldn't refer to Rumiko Takahashi when using her characters in their writing, then perhaps they should reexamine why they write fanfiction and not their own original work.

ladybattousai wrote:

So if someone feels that they shouldn't refer to Rumiko Takahashi when using her characters in their writing, then perhaps they should reexamine why they write fanfiction and not their own original work.

Don't you think that's a little harsh?

Just because someone does or doesn't place a disclaimer does not mean they don't appreciate the creator. For all you know they could write a thank you note every day, week, month or year and mail it to her. Just because you don't see it doesn't mean anything. Then you're just judging based on what you can see as an outsider and that's not really an equal judgment.

Also one could argue (and I will, in this case.) that the act of writing fan-fiction (Or create fan-art.) itself is an act of appreciation for the original works. Many people who write fan-fiction, and usually do so well, do happen to write their own original work. Plus... why not simply say thank you instead of placing a disclaimer label which sounds more like "I know I shouldn't but I am" and instead say "Thanks to the beautiful and wonderful Rumiko Takahashi for her great works which inspired this."?

I'm not a lawyer, but it seems pretty obvious to me--fanfiction violates copyright law, with or without a disclaimer. We are using someone else's protected material without her permission. A disclaimer isn't going to change that fact.

The purpose I, like ladybattousai, see in a disclaimer is as a matter of courtesy. Some authors hate fanfiction and the idea that they don't have complete creative control over their work and make it known they don't approve. Anne Rice is an example. Others, like Josh Whedon, see it as beneficial and encourage it. A disclaimer acknowledges the source and shows respect to the original author's rights. And makes it less likely the original author would ever ask to cease and desist.


Also, site rules say that we should "all give homage to Takahashi." I take that to mean we should state clearly that she is the creator and owner of the characters, etc which we use in our fic and art.

If disclaimers are no longer required by law, then I'm a bit outta date, no biggie. But think of it this way, it's like when you write an essay and you quote someone, you have to say who you are quoting. I see disclaimers in the same way.

I'm a novelist, though I have nothing published as of yet, but when I do I would find it a great honor for my novels to be brought to life in fanfiction as long as there was a disclaimer and they gave proper credit.

Whether someone means to or not, not having one is like saying they don't acknowledge the creator of the original work. Or worse yet that it's their own work. And it's very true that the likely hood of anyone being sued over not having one is incredibly slim, especially since we don't make money off of these stories, but I mean why even take the chance when adding a simple disclaimer is not only easy but quick.

Take for example the one I use in Warriors of the West 'Disclaimer: Inuyasha and all of it's characters are property of the brilliant Takahashi-sama and I claim no ownership of them. I also do not own the concept of 24. Only the story belongs to me.'. I add it to each chapter and all I gotta do is copy and paste. Took less than five seconds to add it to this post. And while it may not be perfect, I feel as if I give proper credit where it is due and sleep well knowing I've done all I can to not offend the original creator and still be able to write my stories.

No matter which reason you choose for adding one, whether it's for the law (past or present or whatnot), to pay respect to the original creator or to give proper credit where it's due, the fact remains that you should always add one. If nothing else than for the simple fact that it is polite.


And zandrellia, now I could be wrong, but I think what ladybattousai meant by that was those that purposely leave it out in ill intent rather than those that send her many letters of thanks, and seriously anyone doing it as much as you describe really gotta stop stalking the poor lady or thank her in some other way.


And ladybattousai ya know I've got no beef with you, and yes I realize how strange that sounds, but I really can't understand how k-chan and the staff here can condone what'cha do. The only reason we don't run into more problems as a community is because of the simple fact that we don't make money off of others' work. And I can understand wanting to be paid for your hard work, but not just redrawing someone else's characters and practicably bragging that you haven't gotten caught yet. Especially if the fan-based world is already pushing it as everyone seems to be saying it is.

And ladybattousai ya know I've got no beef with you, and yes I realize how strange that sounds, but I really can't understand how k-chan and the staff here can condone what'cha do. The only reason we don't run into more problems as a community is because of the simple fact that we don't make money off of others' work. And I can understand wanting to be paid for your hard work, but not just redrawing someone else's characters and practicably bragging that you haven't gotten caught yet. Especially if the fan-based world is already pushing it as everyone seems to be saying it is.

Hairann, please don't misinterpret what I've written. I was by no means bragging, but simply meaning to say that in my experience there aren't lawyers prowling about to sue anyone who presents fan-based work even in the extremes of selling work. Never mind the fact, that I often wrote to the various publishers asking permission and never received a reply and that on everything I sold, I credited them first.

I haven't sold anything in many, many years and please don't assume that others are somehow encouraging this practice in me or anyone else. If you had issue with my comment, I would have appreciated a PM rather than your reply here on this forum.

Didn't mean that you actually were bragging, that's why I used the word practically. It was more like some could take it as that. But either way if I offended you or upset you with my post I apologize, it wasn't supposed to sound quite that rude, and the reason I posted it here, besides the fact that I hadn't even thought of PMing you, was because you yourself posted on here first about it and I was simply replying to your post. Again it was not meant to upset you, more that I have a problem with something allowed here, or at least seems to be. You are not the only one I've seen make mention to selling their fanart and I believe there was even a post under fanart promoting it and it has been bothering me for some time.

This has all gotten so complex. i will look into this some more.

It's not that complex. The site owners tell you to put disclaimers on, you put disclaimers on or take your happy self elsewhere. Easy!

i agree with Dany on all of this. if it's a site rule, it should be followed regardless of your opinion on it. every other fanfiction site has it as a rule, this should be no different.

It's not hard to put on up. it takes little effort and all of 30 seconds to write. It doesn't need to be any more complex than that.