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Messages - EUOL

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91
Brandon Sanderson / Re: Official Fan Art Thread **Don't create new threads**
« on: February 07, 2008, 05:31:00 AM »
Most likely, it's okay.  There's a CHANCE they might go after you, but only if they're a large corporation (Disney) who is militant about protecting their brands. 

However, chances are good that in such a lawsuit if you were able to fight (i.e. you had the money and the desire) you would win unless you were using a distinctly trademarked character.  Example: I've seen people selling sketches they did from the Lord of the Rings movies.  This is protected by law, since watching a movie and sketching the people in it is considered creating a derivative work which does not compete with the movie itself.  However, creating a drawing of Mickey Mouse and selling it could be argued another way, since you're copying a distinctly trademarked character who is already animated.

However, I'm not the expert on this, and I'm not really intending to give legal advice or anything like that.  This is just the way I understand it, though I have looked into the matter a little bit, so I know more than the common person.

92
Brandon Sanderson / Re: Official Fan Art Thread **Don't create new threads**
« on: February 07, 2008, 03:38:08 AM »
The answer is:  It depends.  First off, you have to find out if the thing you are recreating is trademarked (like Mickey Mouse) or not. Most fiction like mine is copyrighted, but the characters are not trademarked. 

The second question is this: Are you creating your own work based on the original work, or are you simply copy and pasting?  For instance, if you're creating a wallpaper are you copying copyrighted images directly, or are you drawing your interpretation of ideas, themes, and people in the books?  The former infringes, the second is in a large gray area. 

You see, US Copyright laws protect 'Derivative works.'  One common form of the derivative work is a collage.  Artists have been upheld in their right to take a bunch of clippings from a magazine, cut them apart, make a collage of pieces, then sell that as a new piece of artwork.  Many people argue that drawing a new work based on your concept of a character is a derivative work, and is protected. 

Question three:  How similar IS your artwork?  If it's inspired by the book, and you're not using any actual copyrighted images, you're in a probable safe zone.  For instance, people who sell T-Shirts with things that look a lot like heart containers from the Zelda games.  Link himself is trademarked, but a heart...a heart can't be trademarked.  Who's to say those heart containers are even from the Zelda games?  The people selling the T-Shirts can hide behind the fact that the shirts don't HAVE to be linked to the games.  (Even though everyone buying them knows exactly what they relate to.)

Question Four: (and this one is probably the most important) What are your intentions?  As has been mentioned, if you're not seeking to make any money off of the artwork and you're not at risk of diluting or defaming the actual copyrighted work, then it's likely nobody will care.  It would be stupid of companies to chase down people who make wallpapers based on their properties, since those wallpapers act as free publicity, and the people making them aren't trying to earn money off of them.  If you were selling posters of that image, you might draw attention--but, then, for reasons argued above you could have a strong argument on your side.  (Assuming you wanted to pay the legal fees to fight the person trying to stop you.)

Question five:  What does the author/creator think?  Some people fight fanfiction (and to a lesser extent) fanart because they feel it dilutes their property too much.  Me, I'm flattered, and have no object to fanart.  Fanfiction is more sticky, since authors risk getting sued over their own books with fanfiction.  I've written an explanation on the Warbreaker rights page. 

93
Brandon Sanderson / Re: Brandon - any thought or discussion about doing more with the WoT series?
« on: January 28, 2008, 11:29:28 PM »
I seriously, seriously doubt that I would be involved in those projects for the reasons that have been mentioned.  I might consider the two prequels that Mr. Jordan was working on, since there are bound to be much better notes regarding them, but even that is something that would need a lot of discussion and thought. 

I don't know what Harriet intends for Mr. Jordan's other projects--she might want to have them written eventually, or she might not.  Perhaps, like Children of Hurin, she will want to release these books many years from now after she's certain that the outline and materials are consistent with what Mr. Jordan would have done.  For now, I'm just focused on this one book. 

94
Brandon Sanderson / Re: Mistborn 3 Cover (Slight Spoilers for Mistborn 2)
« on: January 27, 2008, 07:44:57 AM »
Yes, as you've mentioned, this is my favorite of them so far.  I'm very curious to see the new paperback covers, however.  They're doing a new one for MB2, it appears, since they're going to do a promo event for all of my paperbacks this summer. 

95
Brandon Sanderson / Re: Atium question
« on: January 27, 2008, 07:42:50 AM »
I feel the need to ask those to whom I've given alpha reader status to avoid gloating over my fans who come here to ask questions.  Please, I allow you to read my work ahead of time because I value your feedback.  However, if someone comes to ask a question and you laugh at them, it...well, let's just say that I'd prefer you not do that. 

I actually think Rowling does a great job with her endings, though the later books were a bit weaker in this area than the early ones. 

As for the original question. . .well, I’d rather not say anything myself, as I worry about spoiling the book.  However, I’m very interested to read your speculation about these things!

96
Brandon Sanderson / Re: Denvention 3 - Aug. 6-10, 2008
« on: January 24, 2008, 09:59:56 PM »
Everyone,

My assistant booked a room for Pemberly and I at the Hyatt Regency Denver at Colorado Convention Center.  I mention this because the Worldcon website says they're sold out, but we called and asked for a room that was NOT in the convention block...and they not only had rooms, but had them at $30 cheaper.  ($129 a night.)  Beyond that, they gave us $20 a night meal coupon or something like that because of a promotion.

If you're thinking of staying, give it a look. I'm pretty sure that's the right hotel for the convention and the price is excellent. 

97
Brandon Sanderson / Re: A question about Mare (Possible Mistborn Spoilers)
« on: January 23, 2008, 03:34:46 AM »
Blast.  That silver/tin thing is going to haunt me for years, isn't it?

98
Brandon Sanderson / Re: Mistborn One For Sale!
« on: January 22, 2008, 06:33:51 AM »
Mistborn 2 cover posters.  Nice ones with foam backs to keep them stiff, like a display poster you'd see in a bookstore. 

99
Brandon Sanderson / Re: Interested in Publication
« on: January 22, 2008, 05:26:46 AM »
Let's see...what can I say that will be of help.

1)  You're going about this the right way.  You're writing consistently and productively.  You've finished projects, then moved on to other projects, rather than just sitting around and waiting to sell.  For that, I say good job!  I think this is the most important lesson to learn, and you're way past it.

2) I'd suggest staying away from writing entire trilogies.  Now, it CAN work.  Rothfuss had his entire trilogy completed when he sold the first one.  It can get you a better contract once you actually get an editor interested.  The problem is, it's much harder to get an editor interested.  Let's say that instead of writing a trilogy, you'd written three first novels in three different trilogies.  You could now be marketing three different books to three different publishers and increasing your chances of selling threefold based on sheer percentages.  Instead, you've got one property that you can be sending out, since you can't really send book two to an editor after they've rejected book one.  You could, however, send them book one of a different series.  Just helps you beat the odds, but it's by no means a hardfast rule. 

3)  Another thing you seem to be doing right is networking.  If you're really, really serious about this, then I'd go for it even more.  Attend Worldcon, World Fantasy Con, or other big conventions and start to learn the names of editors.  Follow the business; read Locus and learn who is selling what.  Learn who is buying and what they're buying.  Try to meet editors at conventions.  Read their blogs.  In other words, become more than just a writer--become a business person.  If you hear that editor X has moved from Tor to Baen, but didn't take many of his authors with him, you'd know that this is an editor who might actively be searching for new authors.  That's a good person to target. 

4)  Just keep writing.  I was working on book 13 when I sold book 6.  It took me nine years of dedicated writing before I had a book come out.  You have to be in for the long haul.  Don't give up.  Keep honing your craft.  Keep writing.  Keep asking for advice. 

And, if you happen to be at a con or meet an author, offer to buy them lunch in exchange for letting you pry them with questions.  Everybody likes free food.  (Though, I'd probably get together a buddy or two and say "We'd all like to take you to lunch" so that you're less threatening.)

Anyway, that is pretty much the road I followed toward getting published. 

100
Brandon Sanderson / Re: A Question about A Well of Ascension (Possible Spoilers)
« on: January 22, 2008, 05:17:25 AM »
I hate talking about things like this, since I don't want to feel that I'm dangling bits of information in front of my readers.  I think, perhaps, this is why Mr. Jordan was so fond of the phrase which has been mentioned. 

101
Brandon Sanderson / Re: A question about Mare (Possible Mistborn Spoilers)
« on: January 22, 2008, 05:11:56 AM »
Also note that while Mare was an Allomancer, she wasn't what one would call a "dangerous" Allomancer.  She was a Tineye, which isn't one of the top tier martial powers.  She couldn't have used atium, and even if she HAD somehow found silver, she'd simply have been able to hear and see better.  Which would have made her better at finding the atium. 

The Allomancers to keep out of the Pits would have been Lurchers or Coinshots (who could have destroyed the crystals), and to a lesser extent Thugs (who could be difficult to control.)  Mistborn, of course, needed to be kept far, far away, lest they get their hands on atium.

There's more going on here, of course.  If I ever write the Kelsier short story that talks about him discovering the Eleventh Metal, I will get into why the Inquisitors weren't given Mare as they wanted.  The Lord Ruler specifically chose to send her to the Pits rather than handing her over to the Inquisitors.  (Note: She wouldn't have ended up on a hook.  Inquisitors had other...uses for skaa Mistings they captured.  See book three.) 

In fact, this already has too many spoilers.  Ask me more after Mistborn 3 is out.

102
Brandon Sanderson / Re: Mistborn One For Sale!
« on: January 22, 2008, 05:03:06 AM »
Not sure if others do it, honestly.  A lot of people asked me about it, though, so I went ahead and set up the infrastructure.

Because there appears to be interest in this, I just put in an order for ELANTRIS in hardcover.  I found a pile of them at a warehouse, and since I'm incorporated and have a business tax ID, I was able to buy them.

It will take weeks for them to get here, though.  I'm afraid they were much more expensive than MISTBORN, since I could buy that one from Tor, and so I'll probably sell these at $20 too, even though they have a lower cover price than MISTBORN.  They'll also probably have remainder marks (a little dot on the top or bottom of the book) but I figured that it would be a good idea to pick them up. 

103
Brandon Sanderson / Re: A Question about A Well of Ascension (Possible Spoilers)
« on: January 20, 2008, 08:30:05 PM »
I can't say too much without spoilers for Mistborn 3, but suffice it to say that if I were to write more books in this world, I would want to do some new things with the magic.  Some events at the end of Mistborn 3 have large ramifications on the way the magic works and the way the setting would proceed. 

104
Brandon Sanderson / Re: New to the site
« on: January 20, 2008, 11:48:18 AM »
No, thank you!  It's because of readers like you that I actually get to do this for a living. 

105
Brandon Sanderson / Re: Interested in Publication
« on: January 20, 2008, 11:47:24 AM »
Sorry to take so long on this.  You still around, Diaigma?  My forum moves far faster now than it once did, and things slip through the cracks.  I might be able to throw you a few pointers.  Let me know if you're still watching.

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