The latest bit in the Russet Noon Saga seems to be that the author of that particular apparently-infringing work (note I'm going legal here?) is considering putting it up in installments on her blog. Now, since any traffic would make her some money, it still doesn't fall into the realm of fair use and she still can end up paying Meyers (or any other copyright holder) all her profit, plus penalties.
It occured to me, after Lady Sybilla dropped by, that there is a single escape clause at this moment. Parody.
Because the actual work has not been unveiled, only a number of really heavy-handed promo pieces, that the whole thing could still be played for laughs. This will result in death threats, of course, but it can still be quite profitable.
Here's what I'd do, if I found out that my wife was suffering from split personalities and had just produced Meyer fanfic under the name "Lady Sybilla". I assure you that this is NOT the case, but go with me here.
- I would continue the promotional acts in progress, writing-oblivious-press-releases, hiring-actors, and other items designed to bullbait the Meyer / Little Brown / Summit (MLBS) right holding groups.
- I would act for the next three months in all ways as if the original serious fanfic novel was going to come out on schedule in some way.
- I would quickly rewrite the story with the following two changes - 1) every bad habit Meyer has as a writer would be exaggerated, and 2) all the characters would be vegetables, primarily potatoes: Sparkly vampire potatoes, hairy lycanthrope potatoes, angst-filled teenage celery.
- When I finally published it, the blog universe would reverbrate with the power of the hoax -- even if the parody wasn't particularly well done -- and any legal actions by the MLBS group would become moot, since (A) the novel is obviously parody, and (B) the sardonic marketing for the parody is not itself in any way a copyright violation.
- Then I would change my name and cash the checks anonymously, fearing for my life each time I signed the pseudonym.
A million zillion copies would be sold. Well, a few thousand anyway.
But what I'd really like is for someone else, not Meyer or Sybilla, to write this work and publish it, since it is settled law that titles are not copyrightable!