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I'm so pissed they pulled my story

W

wrestlingclown

TMF Regular
Joined
Apr 19, 2012
Messages
198
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0
I am so pissed off that some anal moderator pulled MY story..."Jenny, the Clown attacks the Virgin at Dawn (a stepmother conspiracy)" that I will never visit this website again, let alone post.

A person can not take proprietary ownership of a sex fantasy.
 
Stuff getting taken down is never fun but you shouldn't let it upset you so much, it's happened to me my fair share of times. Don't take it too personally, some times misunderstandings happen and people have to take action. You can always make another that I'm sure people will like if not love. Just cause one didn't work out dosent mean the rest won't. Wish you the best none the less
 
The story in question contained a copyrighted character, used without permission. The owner of the copyright enforced his ownership, and requested removal. We, as we do, in such circumstances supported the owner of the intellectual property and removed it.

We regret that this upset you, but the owners rights supersede yours to post material that you do not own.

Myriads
 
Clowning with Copyright

wrestlingclown said:
I am so pissed off that some anal moderator pulled MY story..."Jenny, the Clown attacks the Virgin at Dawn (a stepmother conspiracy)" that I will never visit this website again, let alone post.

A person can not take proprietary ownership of a sex fantasy.
Click to expand...

As someone who has written tickle stories featuring characters not my own, I have posted them here with the understanding that I do so with the sufferance of the character's owner (in my case, a corporate entity). While we assume that such fan fiction is usually beneath the notice of a given copyright holder, one must remember that the TMF IS a commercial site, and the holder might object to a character's use on it without compensation. This is apart from the, ah, ticklish nature of the TMF's focus of interest, which also might not align with a copyright holder's intent for the character. <br>
In short, the character's owner is protected by copyright in asking for a unauthorized story's removal.<p>
As writers, wclown, copyright is a means of protecting creators that we all must recognize. I expect others to respect my copyright if they use one of my characters (as Strelnikov did when he asked to use Professor Hannah Davis in his TICKLE STREET series). <br>
You're quite right that NO ONE but YOU owns YOUR fantasies--BUT...once you set them in print, and if they feature another's character, they're simply not yours, legally. And, if the website you've posted on is called on it by the owner--and the site has a sense of responsibility (which, bless them, the admins here do)--the post is forfeit.<p>
Having said all that, don't bag it all due to this setback. You write very well and your stories are notable. Populate your posted fantasies with your own characters and you can wave your copyright notice at US as you give us the raspberry.
 
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I wonder how detailed the character must have been described so that a story is removed due to copyright violation.
 
Which character was it? I didn't read the story before it was pulled.
 
This is odd since it isn't like he wasn't paid for this work that it be removed just cause the owner of said character said he wanted it removed. If that's the case every fantasy story with copywriten characters should be removed then. And since there is no rule for it in the rules section I think you need to add it for future knowledge. Cause it isn't fair to the writer of this story since he would have never spent the time to write it if he had known
 
He used my Jenni The Clown character. He did so without asking. I copyrighted the character before opening my clips store. He not only violated that, but also likeness rights which belong to the actress who plays the character. He even wrote me a message on here entitled "I ripped off your invention". He knew he did not have my permission to use the character. I make money off of the character in videos and commissioned stories. It is not a matter of his story being offensive. But he could have called his character anything. He chose to steal one of mine instead.
 
amkes said:
This is odd since it isn't like he wasn't paid for this work that it be removed just cause the owner of said character said he wanted it removed. If that's the case every fantasy story with copywriten characters should be removed then. And since there is no rule for it in the rules section I think you need to add it for future knowledge. Cause it isn't fair to the writer of this story since he would have never spent the time to write it if he had known
Click to expand...

Copyright protections works like this: The owner of the copyright is responsible for enforcing their own copyright. In the case of the TMF that means that the copyright owner comes here and tells us; "Hey! I own this, and I don't want it here. Please remove it." We verify they are indeed the holder of the right, and then comply.

The process is instituted by the RIGHT HOLDER. It's not automatic. The owner needs to actively protect their property. This is why you hear stories of Disney getting day-cares to paint over their characters that were painted on the walls there. Disney is protecting their property. Note the end user does not need to be profiting from the use. It's USE that is protected, which is independent from "profitable use".

The TMF's policy on copyright protection is basically the boiler plate one offered by most media outlets. If you see your property used here and object, and have clear rights, we remove it.

Myriads
 
PeterVincentTGVK said:
He used my Jenni The Clown character. He did so without asking. I copyrighted the character before opening my clips store. He not only violated that, but also likeness rights which belong to the actress who plays the character. He even wrote me a message on here entitled "I ripped off your invention". He knew he did not have my permission to use the character.
Click to expand...

There are tons of stories where that has happened. I'm not saying you are wrong for what you requested. In fact you have all the right to request it I'm just saying that there really should be a rule on here stating that. So people don't go on rants about there stuff being taken down.

On another note even with a copyright on a character when it comes to non payed stories and artwork a copyright means nothing. If you don't believe me go to deviantart.Com or fetlife and so on. Copyrighted characters are all over them. Are you saying if someone did a art piece of Jenni the clown you'd have it removed???
As long as a person isn't making a profit off the character it is fair game. Just to let you know
 
I agree that there should perhaps be a rule on the site of such, but you are wrong about profit. Its the use of the character. The character is intellectual property. If he had asked me first, I might have said okay. But he didn't. Its really not that complicated.
 
I'll give you an example: a couple months ago, the Suicide Squad trailer from SDCC leaked. Soon, random people were posting it all over YouTube. YouTube had to take the videos down because Warner Bros. held the copyright and enforced it. Was YouTube profiting from posting the leaked footage? No. Were the users who uploaded the footage profiting? No. But the owners of the material did not want it to be available. It was only after WB decided to post the trailer themselves that it was spread all over the net like a wildfire (looks amazing BTW). You don't have to profit off of copyrighted material to have violated the copyright.
 
The problem with that example is that there own product was being spread not a fan fiction of said product. If they reproduced the same trailer but with there own people as the characters WB could not ask for it to be removed.
And that's what happened here. He used your character in a fan fiction story.
 
Exactly. Which means he used my intellectual property without permission. That's the whole point. This wasn't a misunderstanding. He messaged me, taunting me about it. He didn't accidentally copy an idea. He stole property. And he did so knowingly. I protected my rights. That's all that happened.
 
Surely if you just change the character's name this is not a problem you could still use the clown bit just make her older and dont use jenni i am supposing just the name jenni the clown is copyright but i dont think anyone could say you cannot use the word clown and that you cannot use a clown in your story, you just cannot use the same name and have them so similar that it was obvious you was using another person's character. just my humble opinion.
 
There's a lesson to be learned here: Don't write stories about characters who's owners/copyright holders come to the site. Sounds simple enough to me. If it were me, as a creator of content myself that I'd like permission for other to use, I wouldn't be pissed at all about this story being pulled. It's law, brah.
 
amkes said:
There are tons of stories where that has happened. I'm not saying you are wrong for what you requested. In fact you have all the right to request it I'm just saying that there really should be a rule on here stating that. So people don't go on rants about there stuff being taken down.

On another note even with a copyright on a character when it comes to non payed stories and artwork a copyright means nothing. If you don't believe me go to deviantart.Com or fetlife and so on. Copyrighted characters are all over them. Are you saying if someone did a art piece of Jenni the clown you'd have it removed???
As long as a person isn't making a profit off the character it is fair game. Just to let you know
Click to expand...

No. It actually is not fair game at all. The point you are missing is that it was showcased in a public forum. Are we free to dream or think of copyrighted characters? Yes we are. Are we free to create stories with copyrighted characters for our OWN PRIVATE amusement? Yes we are. However the moment it is used in a showcase on a public forum or outlet....regardless of compensation you are now taking it public and it therefor violates the copyright law.

The other point you are missing is that when you see copyrighted characters on deviant art or fetlife or even here, etc....it is not because it is ok to display your own work using someone else's copyrighted characters publicly. It is because the owner of the copyright hasn't seen it yet, or has seen it and chose not to take action.

It is absolutely not fair game unless you keep your work 100% to yourself and do not display it in any way. Compensation plays no role in copyright enforcement, and honestly it is such common knowledge that it shouldn't require a posted rule in a forum. It is not a forum rule, it is a general law.
 
amkes said:
The problem with that example is that there own product was being spread not a fan fiction of said product. If they reproduced the same trailer but with there own people as the characters WB could not ask for it to be removed.
And that's what happened here. He used your character in a fan fiction story.
Click to expand...

Actually this makes no difference either. Fan Fiction of a character not copyrighted by you is still subject to the same rules. If the owner of the copyright sees the fan fiction they have the right to have it pulled from whatever platform it is displayed on, YouTube, a message forum, TV, etc.

Same thing as previous examples...just because you see fan fiction, or artwork or any similar work displayed somewhere it doesn't mean it is legal. It just means the owner did not object to it or simply hasn't seen it.

If I write a story about super Mario for example and keep it to myself on my desk at home, nothing will happen. However if I post it to a forum...and Nintendo comes across my work, they can request the forum remove it and I have no legal leverage to prevent that. It is their character, which I used and then displayed publicly.

These laws are created to protect the perception and value of someone's creative property. Not to prevent compensation. It would not be fair to a person who created a character if it is used or displayed in a way that they don't agree with and then the public may see the character differently and the value of the character may then be changed. There's many very obvious reasons for these rules and laws to exist.
 
The reaction he had makes me think he did it with intent to steal the thunder of a well received story line. PeterVincentTGVK good for you for standing up for your property!!! myriads good job for supporting your writers.
 
I think there is one thing missing form these examples. So let me give one of my own.

When I draw a picture of gohan and Bulma, I don't write a letter to akira toriyama saying what is the creative equivalent of the middle finger.
 
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