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Old 02-23-2003, 02:31 PM   #3
Mason
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Join Date: Apr 2002
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MUDs that borrow a theme from an existing storyline are therefore derivatives and, unless they have a license, are violating the copyright of that story.

MUDs should be differentiated from fan fiction.  Some forms of fan fiction violate copyright, others do not.  Fair use allows some forms of fan fiction - but it will be evaluated under the following criteria:

1.  the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;

2.   the nature of the copyrighted work;

3.   amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4.   the effect of the use upon the potential market for or value of the copyrighted work.

Fan fiction that borrows themes and charge money should definitely be concerned, especially about #1 and #4.  All fan fiction, whether they charge or not, needs to be concerned about #2, #3, and #4.

P.S.  In reference to the_logos suggestion that TMS remove possibly infringing MUDs:  It would be interesting to find out whether the DMCA would require ISPs to take infringing MUDs offline.  Though I know of no case law on this subject, I would imagine that if Lucasfilm or one of the other media giants requested it, no ISP is going to go to bat for a little MUD.
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