Still trying to research it a little more...

[zhie]

sylc brought up the fact that some of us are getting letters from a place called fanlib.com that has some questionable language in their terms of service.

I'm still waiting for a reply back to the message I sent to them. The letter looks like a form letter type thing, and I don't appreciate people pretending to love my work when really they just think they could make a buck off the fact I've done a lot of stuff. So, there it is. We shall see what happens.

Anyone else get an invite from Fanlib? I have a feeling that they hit lotrfanfiction.com and looked at the top ten lists (most prolific, highest rated, etc) and sent out an overall invite to all of those people.

Comments

[jdsampson.livejournal.com]

Hello from Fanlib! Yep, I work over there and I'm a LJer - Supernatural a specialty, so I don't know if we've met!

I can understand your suspicion about the email that you got but a little duplication is necessary when you're trying to spread the word, right? But let me assure you, Fanlib.com is trying to steal anything or take anything from you. They want to give something to you, a cool place to play and maybe a prize or two.

Fanlib is run by a company that produces online fan writing events. They've worked with The L-Word and Harper Collins Romances and we're doing one right now for InTheMotherhood which you'll see on The Ellen Show.

Since we're still in beta, we've been looking for great fan fiction writers to come in and kick the tires. Yes, we looked for people who had the most stories or the most comments because we want the best people at Fanlib - why wouldn't we?

Are we for profit? Sure. Is Live Journal for profit? You bet. But both companies are taking the monetary risk up front to provide a service to you.

All I ask is you give us a try. We've got more than 3,000 fics on site now and a cool contest starting this week. And since we're still in beta, you can suggest what it is that needs changing and we'll love you for it.

So I hope to see you there.

JDSampson

[zhie.livejournal.com]

But let me assure you, Fanlib.com is trying to steal anything or take anything from you.

Typo, or Freudian slip? Sorry, still makes me wonder.

I think what it is that I didn't appreciate from Naomi was the fact that the message sent out makes it sound as if she herself has some sort of personal interest in the writing of each person she sent that message to. Be honest. Just say, we've noticed you write an awful lot, and/or, lots of other people seem to love you. Please come to our site so we can make some money off that.

I own two web domains, one which has multiple archives for others to post their fanfiction. I host fan art as well. Never have I asked to make money off of their stories or art; I pay all of the hosting costs from my own pocket. I do hope that more archives such as the ones that I own and run appear online, so that people have places to go without the worry that something could happen to their writings.

I am still very cautious about Fanlib. The terms of service are especially bothersome to me, and to others as well. You state here and on the LJs of others that there are no plans for profitmaking, but with such a lengthy TOS, and the possibility of revision, it's a little scary.

I think what is bugging me the most is this part here:

However, by submitting the Submissions to FanLib, You hereby grant FanLib a worldwide, non-exclusive, royalty-free and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Website.

prepare derivative works of... that just has me a little on edge...

I'm sure I'll have a chance to think and write more later, but that's all for now regarding thoughts on this.

[jdsampson.livejournal.com]

Oh man - what a typo to make! LOL. Teach me to try and write between two other things! LOL.

You state here and on the LJs of others that there are no plans for profitmaking,

Hmm, not sure we're talking about the same thing. Fanlib is a FOR PROFIT website. We don't hide that fact. We make a profit but not by taking your work and reselling it. We make it on advertising like everyone else.

However, by submitting the Submissions to FanLib, You hereby grant FanLib a worldwide, non-exclusive, royalty-free and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Website.

prepare derivative works of... that just has me a little on edge...

Ah, but there are parts missing. It says IN CONNECTION WITH THE WEBSITE. We can't take your work and sell it in a book. This allows us to feature it on a different part of the website and that's it. Really, no big mystery. Yahoo Groups had (has) a similar clause so they can feature groups in advertising, etc.

But the big clause you're missing is this:
"The foregoing license granted by You terminates once You remove or delete a Submission from the Website.".

So if you take your stuff down, Fanlib can't do anything.

[chaotic-binky.livejournal.com]

I am so happy I have a friends only journal. Fablib's site looks good and they have a disclaimer that says the author is the owner of the work but in the TOS this is clearly not how I would interpret it.

If fan fiction is infringement of copyright, how are Fanlib legally able to make money from these works?

Hugs Binky x