Question about copyrighting and stuff like that...

[Meneltarmacil]

Quite honestly, I don't know about all this, and I'd actually like to just leave this site and be done with it soon.

The problem, of course, is that my posts will still be here and it'll take around 26 hours of work to delete them all. Is there any way the admins/mods can just say"delete all posts by this user" and remove them all?

EDIT: Actually, I've probably taken things a little too far here. Basically, I may leave for a while while I get a few things resolved, and I'm not sure what I'll do later on. I'm sorry, but I'm not sure I should really make it any clearer than that.

[Mithalwen]

Menel, I very much doubt that anything you have done here could get you into trouble. I have to say I am intrigued by why you are so agitated but I am sure that it is unnecessary. From what I have observed, The Tolkien Estate act if people do things which directly infringe copyright such as publishing CT's maps or publish defamatory things (not sure if defaming via the internet counts as transitory or fixed ie slander or libel and that uncertainty should not be interpreted by the legal beagles as a request for their opinion - at least of the billable variety ).

Much of the content of the Downs and the other "serious" Tolkien sites is effectively a continuous symposium on Tolkien as a writer. I am fairly sure academic discussion does not infringe copyright. If you print it off and sell it ..yes you would need permission to quote (BTW if you go to your library there will probably be a notice by the photocopier telling you about the amount of a work you are allowed to copy before you break the law... something as a student I occasionally was obliged to honour in the breach rather than the observance ).

The fact is we are developing the readership... people who liked the films are encouraged to read the books, those who have read the canon are pointed towards HoME, those of us who have HoME obsessively attempt to fill the gaps in completing the complete bibliography.

The other aspects of the Downs are not disrespectful.. tolerated if not approved of perhaps.

The Encyclopedia of Arda makes comprehensive use of the names etc and they are unofficial cf this disclaimer

As for fan fic/RPG well I should think we are a long way down the list of targets if you look at some of the stuff out there..and if you are squeamish you may not

Finally, it will not be very fair on the people with whom you interacted if you systematically delete your posts. I do suggest you contact a mod/admin privately with your concerns before you take such a drastic step.

[Volo]

I wouldn't care a little bit, if anything I have done so far here on the Downs is illegal...

[mormegil]

I found this helpful from the U.S. Copyright site that Saucie provided, I know it's late but you know the saying...

How much of someone else's work can I use without getting permission?
Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances. See FL 102, Fair Use, and Circular 21, Reproductions of Copyrighted Works by Educators and Librarians

This doesn't cover fan fiction but obviously discussing the books and using quotes, even rather lengthy quotes (Boro, I'm looking at you ) is in no way a violation of copyright. Accordingly I interpret this to also mean fan fiction is not a violation of copyright inasmuch as we give credit to Tolkien for the source which this site has adequately and satisfactorily given.

[Elmo]

I thought 'hobbit' was copyright and that is the reason most of the shoddy rip offs of lotr use the word 'halfling'

[Mithalwen]

Hmm hobbit as a word and a concept is clearly part of Tolkien's personal creation in a way that elves, dwarves and dragons, as preexisting "dictionary words" are not. It is a trademark of the Tolkien Estate according to Wikipedia and that is why halfling is used. However using the word or character names (many of which ar trademarked) is only a problem if you are doing it for commercial purpose - so Sauce is unlikely to get sued for calling his dog Frodo .

Volo - while I think Menel was overreacting it isn't something to be flippant about - people have got into trouble with illegal music downloads and most writers and artists (including Tolkien for much of his life) lead financially precarious lives and deserve to have the fruits of their labour protected. Given that so much of the revenue from the Tolkien estate goes to a huge range of humanitarian and educational charities vie the incredibly effecient Tolkien Trust , I for one do not begrudge it protecting its rights.

[Volo]

Yes, I like deciding such moralities myself. If we got money for what we wrote here, it would be rather immoral to do so without J.R.R. Tolkien's approval. But if the copywrite owner isn't J.R.R. Tolkien, nor a anybody he himself put in charge, then that person shouldn't get copywrite money. Ah... Just random thoughts... As long as we don't start selling this site or brainwashing people with it (too openly), I see it as moral.