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Unread 04-20-2016   #149
LK
Process Disciple
 
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Join Date: May 2005
Posts: 3,258
Re: Giantess Fan Comics

Mac, I will start by saying that there is a difference between an inquiry and an accusation. I have not accused you of anything. I asked two questions and provided, in response to qzar's speculation, where my head was at. I can see how you, as a professional writer, would go on the defensive when the spectre of plagarism is raised, but being offended is not in itself a defense or makes asking these questions wrong.

Further, I disagree that my chosen forum to address this issue is inappropriate, and I don't see what authority or expertise you have to state that it is. I am not going to take this communication private because this is a public issue that I want to have multiple eyes on for these and other reasons. First, no confusion about what was written, since it deals with serious subjects. Second, I want you to respond / make your case not just to me but to every one who reads it. Third, you, as a writer, may be the target of the inquiry, but Giantess Fan's staff also needs to be notified of the issue as a business entity. If their actions create a liability issue for themselves, then they would want to know about what happened and how it can be prevented in the future.

I am a writer of paid and publically-distributed creative material in this community. Generally, I would hate to see someone come along, use my premise, lines, characters, and other unique aspects of my work as source material for a new creative work, then make money off that output and claim it as an original. (There you go, qzar.) So I have an interest in knowing what happened here and whether it was Giantess Fan not providing proper credits and that you had conducted your due diligence, or that you told everyone that your work was inspired by Maggie and Jane but Giantess Fan in an official capacity.

These questions were an opportunity for you to show me and everyone else that you did everything that you were supposed to, Mac. However, what I am seeing is that you are evaluating based on what you believe, without basis, rather than what is the case in reality.

Plagarism is a matter of proper sourcing. The only determination that could ever be made here would be in a civil suit, and only then in the eyes of the law. I do not plan to sue, though ddral might have factual basis to take the steps to do so. I bring this up because using a shared definition is the only means by which we will approach an understanding rather than our personal opinions of not only what happened but what certain words mean and entail. Legal definitions are all I have to work with that you might be able to look up yourself in case there is any confusion.

The facts:
1. You have stated through social media that you used ddral's Maggie and Jane as a basis / inspiration for Maya and June. What this means is that you admit to having created a Derivative Work of Maggie and Jane.
2. You state that ddral's work is Public Domain.
3. You are the sole writing credit on the published version of Maya and June's credits page.

You have two arguments that are related to each other:

1. Maya and June does not plagarize Maggie and Jane because you changed enough elements from the original that there aren't enough similarities to make this claim.

2. Maggie and Jane is a Public Domain story because ddral never officially copyrighted the work and allowed others to make repeated "continuations" with no effort to address them.

I will break here to allow an opportunity for you to respond and clarify if I am accurate about the facts and the arguments before proceeding.
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Last edited by LK; 04-20-2016 at 08:29 AM.
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