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Gargoyles

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P. N. Guinn writes...

First, I just want to say that Gargoyles is one of my all-time favorite shows, and I often return to it when I'm lonely and I'm always pleased by how fresh episodes like "Vows" remain after many viewings many years later. I'm also a big fan of Young Justice--to be honest, it took a while for the show to win me over 100% (of course, very high expectations were in place, both because it's a DC animated property and because you were working on it), but, I'll admit I've watched the Brazilian "leaks" up through "Unusual Suspects" and those episodes are pitch perfect, so, great job, and many thanks. I'm VERY excited for what's next.

Now, on to my questions:

As several people have pointed out, Brazil and Turkey are ahead of the US in terms of airing schedule. I don't know if you're aware, but fans have undertaken to sub the broadcast episodes back into English. I know you have mixed feelings on the subject of fanfiction, but I wonder if you have feelings on the practice of fans sub titling your work, originally created in English, back into English with their own translations? (And if you do have feelings/ideas on the subject, would you care to share?)

And while we're on the subject of fanfiction--I know a lot of authors who engage their fans have a public policy of not reading fanfiction, and you're among these. IIRC, the reason is because you don't want to incur the risk of being sued by a fan who claims you stole their work. I'm a law student and something of a nerd/geek, so I'm intensely curious to know where you picked this idea up. I'm taking copyright right now, and two of the doctrines we've learned seem to be in contradiction with the viability of this fear: (A) The idea/expression distinction (ideas are not protected under copyright, only their expression, so the idea of having Prospero on Gargoyles, even if you got it from another source, would probably not be considered infringement since the idea of having Prospero on Gargoyles is probably too abstract, whereas if there were a specific fanfic which predated a Gargoyles comic by five years and the Gargoyles comic carefully followed the plot of the fanfic, that could be a case of copyright infringement). And, (B) Infringing works are deprived of copyright protection, so if a fanfic infringes on a copyright (which, presumably almost all fanfic does, unless fanfic is fair use), it would have no copyright protection. (Here a critical question is whether fanfiction is fair use, which is an odd little quirk of the law, in that it's a well-known black hole in the law of copyright that seems unlikely to be adjudicated, and therefore, unlikely to ever be resolved.)

Of course, I'm not a lawyer (yet) and this is by no means intended to be legal advice, and I'm also not suggesting that you read fanfiction (personally, I'd rather you produce your awesome original stuff than spend time reading fanfic). But as a law nerd, I'm intensely interested in the relationship between perceptions of the law and the law on the books, and to what extent the law (and perceptions thereof) impact professional practice.

Thank you both for your wonderful works, and for your time.

Greg responds...

1. I am HORRIFIED that people are watching episodes for the first time on YouTube - and in a different language no less. Given that those episodes were due to air in the U.S. in a matter of mere weeks, I think it's appalling that anyone would choose to watch them that way. So then having someone sub or dub it back into English seems beyond preposterous - and again mildly HORRIFYING. Just be patient and watch the shows as they were meant to be watched. Don't spoil them for yourselves.

2. I learned this fear from corporate attorneys at EVERY entertainment company that's ever employed me. And I've also learned this fear from personal experience from fans and others who have filed lawsuits or threatened to. And that's the key. It's not about who has a valid case, it's about who can make me miserable by filing suit - and how I can protect myself (as much as possible) from exposing myself to that misery.

Response recorded on July 17, 2012