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this post was submitted on 22 Aug 2023
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Exactly. If I write some Loony toons fan fiction, Warner doesn't own that. This ridiculous view of copyright (that's not being challenged in the public discourse) needs to be confronted.
They can own it, actually. If you use the characters of Bugs Bunny, etc., or the setting (do they have a canonical setting?) then Warner does own the rights to the material you're using.
For example, see how the original Winnie the Pooh material just entered public domain, but the subsequent Disney versions have not. You can use the original stuff (see the recent horror movie for an example of legal use) but not the later material like Tigger or Pooh in a red shirt.
Now if your work is satire or parody, then you can argue that it's fair use. But generally, most companies don't care about fan fiction because it doesn't compete with their sales. If you publish your Harry Potter fan fiction on Livejournal, it wouldn't be worth the money to pay the lawyers to take it down. But if you publish your Larry Cotter and the Wizard's Rock story on Amazon, they'll take it down because now it's a competing product.
I think its more like writing a loony toons fanfic based only on pirated material
Can't but theyre pretty open on how they trained the model, so like almost admitted guilt (though they werent hosting the pirated content, its still out there and would be trained on). Cause unless they trained it on a paid Netflix account, there's no way to get it legally.
Idk where this lands legally, but I'd assume not in their favour