Couple disclaimer queries

[JayDee]

Two things, really,

1) Where somebody has created an Original Character that they've got several writers/artists to do works on, does this still go under Original stories with the Original tag and a disclaimer of who owns the character or does it become a fanwork and need to go elsewhere? I don't know that this guy has got stories with his character on AFF yet, but certainly he has a few works elsewhere.

He seems to have paid for some of them, suggesting monterary investment beyond a normal OC, although JD writes for free

2) I looked through the FAQs and citation bit but I didn't see for sure and this is probably such a stupid question that the whole post will be deleted and then the section of server with them overwritten with random 1s and 0s and then cut out and thrown in a foundry, but:

If a character in an original story refers to someone from a published work, for the sake of argument Superman, do I need to put in citations and disclaimers and everything for that? I don't think it's come up before in my original strories because most folks were too busy gettin' horribly violated to make pop culture references, and I just don't like to get in trouble with the staff.

Thanks for your time in advance even if you do just delete it for being stupid/wrong place, because that still takes clicks!

[BronxWench]

Okay. Question 1. I'm going to assume the artworks portion might be commissioned artworks that the creator of the character paid for, which is fine from our standpoint. The slightly dodgy bit comes with the writers using the character. I would actually have to see what's been done as far as other works using the character, but it might very well become a fanwork. Certainly we treat webcomic fictions as fanworks.

Feel free to link me, and I'll look.

Question 2 is easier. If you mention a widely known pop culture reference, that doesn't need to be disclaimed or cited in an original work. The resemblance portion of the disclaimer does cover that, along with the acknowledgement that the story is fictional. Otherwise, no one could ever go to McDonald's or have a Starbucks, and fiction would cease to exist as we know it.

[JayDee]

Thank you for your time and help with this!

Regarding 2 - I've noticed that a lot of published works do use fake brands and stuff if they haven't got a product deal in place, so that's why I was more worried it might be needed, but if that's the AFF policy I reckon it'll be ok. The character being referenced isn't quite as well known as Supes, but still returns a shitload of google hits so I figure she's hit the old pop culture standard.

Regarding 1 - Here is one of the stories he's had written with this OC (you can see the credit for him at the top)

http://www.hentai-foundry.com/stories/user/Monsinne/12889/Hunting-Demon

And links to pictures he has commissioned are here:

http://www.hentai-foundry.com/user/Devil_PS/profile

I've stuck with the H-F links because he contacted me through H-F about writing the story.

Thanks again!

Edited June 12, 2014 by JayDee

[BronxWench]

Okay, those links help hugely!

I think you can do this as an original, and call it a request by the creator of the OC. He seems to love having people write using his characters, and you can certainly tell that he's aware of us over here.

The safest thing all around from our point of view here is to keep a record of his permission. I can take that via an email from him, a quick one liner referencing your pen name, the character name, and his okay for you to use them. If he's more comfortable doing it via comments on H-F, link me and I can take a screenshot to show that he was aware of you using his character and approved of it. The "Thans for the story, I'll go read it" sort of thing certainly shows that he's aware and approves.

The fake brands and such comes only if the usage is a central feature. Obviously, if you mention a person grabbing a cup of coffee at Starbucks, and then don't talk about Starbucks again, it's not disclaimer-worthy, and for the most part, constitutes a bit of free advertising for that chain. What gets touchier is if you have an ongoing reference, such as a character like Superman making an actual appearance. Saying someone is "...acting like Superman, for fuck's sake!" is not something you should need to disclaim, though. If that makes it clearer than the usual mud I toss out there.

[JayDee]

How about his comments on my H-F profile requesting if I take story requests? Or does it need to be specific to the character?

Scroll down past the story links and that -

http://www.hentai-foundry.com/user/JayD/profile

Thanks again for your help

Free Advertising's all well and good in most cases, not entirely sure they want it in my stories! "The Happy Meal was stuffed WHERE?"

[BronxWench]

I'd prefer it specific to the character, simply to avoid any future confusion. It's always best to be overly cautious.

And I've learned not to sip my Starbucks while reading your stories, but frankly, the Happy Meal is best stuffed anywhere but one's mouth.

[JayDee]

A'right, I'll get the story finished first and then I'll go back to 'em and ask 'em to post a specific character permission comment then I'll link that for a screencap - knowing me, if I do it before I write the story I'll never get the damn story finished and it'll be academic anyway. Thanks again.

[JayDee]

A'right, story is nearly finished and so he has added comment to my profile below stating:

http://www.hentai-foundry.com/user/JayD/profile

As you can see it says:

"I am aware of JayD using my character Miharu Sarutobi in a story and I am okay with this."

All good?

[BronxWench]

That's perfect!

[JayDee]

Great, thanks again for all your help.

I am hoping to have the story uploaded this week