Fanlib's "mission": "to bring fan fiction out of the shadows and into the limelight"

May 21, 2007 23:52

...isn't that exactly what we all wanted to have for Christmas? *snerk*

Ooookay. I assume everybody and their dog have already read everything there's to read regarding the fanlib-issue. And if you aren't convinced by now that touching that *thing* even with a ten-foot pole might be a very bad idea, just think about this:

(the quotes following the questions are stated on their Terms Of Use-Site, accessible here: http://www.fanlib.com/termsOfUse.do - go, take a look for yourself at the whole text)

How would you feel about another person taking your story and using it, archiving it, reproducing it in any form without having to check with you if the intended use is okay with you? (And don't we all know that exactly this is a hot topic in fandom more or less frequently?)

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

Have you ever felt a *touch* unsure about the legal issues revolving around the publication of fanfiction on the internet? (Isn't that topic one of our biggest questionmarks discussed in fandom?)

"You shall be solely responsible for Your own Submissions and the consequences of posting or publishing them. In connection with Submissions, You affirm, represent, and/or warrant that You own or have the necessary rights or permissions, either from third parties, or through an ultimate determination of fair use under copyright law, as applicable, to use and authorize FanLib to use the Submissions in the manner contemplated by the Website and these TOS."

So, it seems you lose the control over where and how your work will be published but you're basically still legally responsible for it. Does this sound like a good idea to you? Again, read their whole TOS to get a clear picture.

They also state this:

"You agree to defend, indemnify and hold harmless FanLib, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these TOS; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of Your Submissions caused damage to a third party. This defense and indemnification obligation will survive these TOS and Your use of the Website."

And if this isn't enough to make you think *hard*, take a look at their "Company Background"-Site that states (direct quote, but not the complete text of the site):

"FanLib's investors and advisors include notable veterans from both Hollywood and Silicon Valley, including film producer Jon Landau (Titanic), esteemed entertainment attorney Jon Moonves, and FanLib Chairman Anil Singh, former Chief Sales and Marketing Officer of Yahoo!.

FanLib, Inc. is a private, venture-funded company based in California with offices in Los Angeles and Silicon Valley."

Aha.

And their partners are (info accessible here http://www.fanlib.com/cms.do?page=aboutus/partners.html) :

"A growing list of companies including HarperCollins, Showtime Networks, and CBS work with FanLib to introduce special opportunities directly to their most ardent fans, and produce officially-sanctioned collaborative, online storytelling events using their popular franchises and characters."

And if you want to know whom you're about to trust with your work if you submit to fanlib, take a look at their "Company Bios" here http://www.fanlib.com/cms.do?page=aboutus/bios.html

If you consider this bunch of men trustworthy enough to let them take care of your "baby" - go ahead.

Because you always wanted to look like the "fan" (?) in this ad, right?:
http://quickbeam-cw.livejournal.com/17545.html?view=21641

PatK
:-)
Previous post Next post
Up