Fan fiction remains in legal limbo, divides authors
Fan fiction (fanfic) is when a fan of a novel, movie or even television show writes their own stories using the same characters. However, fanfic remains in legal and ethical limbo. Some authors maintain that fanfic is just innocent flattery. But other authors go as far as to say it’s illegal.
Personally, I’ve never been enthusiastic about fanfic, not because of its legal implications, but because I just don’t find it very exciting.
One author in the latter category is historical romance novelist Diana Gabaldon. I first read about her hatred of fanfic on the Teleread blog post Novelist Diana Galbadon causes fanfic furor. She does little to hide her distaste for fan fiction on her blog:
OK, my position on fan-fic is pretty clear: I think it’s immoral, I _know_ it’s illegal, and it makes me want to barf whenever I’ve inadvertently encountered some of it involving my characters.
Galbaldon goes on to list a series of arguments people use in favor of fan fiction, then she gives her rebuttal on why those arguments are wrong. The first point she brings up is probably the most important: People who write fanfic don’t try to make money from it. Galbaldon’s response:
Well, see, this is where “illegal” comes in. You can’t break into somebody’s house, even if you don’t mean to steal anything. You can’t camp in someone’s backyard without permission, even if you aren’t raising a marijuana crop back there. And you can’t use someone’s copyrighted characters for your own purposes, no matter what those purposes are. Really. I’m not making it up; this is International Copyright Law.
She is right regarding copyright law – as far as US copyright law goes, copyright holders do have the right to restrict derivative works of their material. So yes, legally, a writer of fanfic can be sued for copyright infringement. However, the counterargument to this is fair use of a copyrighted work – which includes parody and criticism. Authors opposed to fanfic do have the law on their side.
I understand the arguments against fanfic, but I also wonder why authors aren’t flattered that they have a hardcore group of fans whose imaginations have been so strongly captivated by the author’s work. I know I’d be flattered. As long as fanfic writers were not trying to make money off their works by using my characters/ideas, I would not have any problem.
What do you think about fan fiction? Should authors be worried about it or embrace it as flattery and recognize it as free advertising? Leave a comment below and share your opinion.
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As long as no money changes hands, it’s no worse than people kissing their Edward Cullen posters and pillowcases at night.
I used to dabble in fanfiction (no, I won’t say which fandom, because a girl needs SOME pride), but I would never have dreamed of charging anyone for it. The creators of the characters I was using not only supported fanfiction, but were known to read some of it themselves and even used a fanfic writer in an original story. (If you’re enough of a nerd I just gave myself away).
Would I be flattered if it were my own characters someone was using? I honestly can’t say. But, would I bother to sue them? Not unless they were making money. Fans is fans is fans, say I. What they do with their obsession is personal and has been going on since the dawn of human creativity. Personally, I feel better about having created a few original stories using the established universe than cozying up to my pillowcase and planning my wedding to a fictional character. Yes, Twilight fans, I’m looking at you.
- Liz
Liz Czukas´s last blog ..It’s a Bird, It’s a Plane…No, it’s SuperLiz!
If my books ever get big enough to have a fan fic community. I will be flattered, and in awe.
I did dabble too, but I found that I would come up with original characters that would become far more interesting to me. I have most of those stored somewhere, maybe they will come out in original stories in the future.
When I was writing it, I always looked upon it as an exercise. A way to sharpen your writing teeth. There were some “worlds” I would never touch, either the author or company hated any types of fan fiction, or I felt that writing fan fiction for their “world” would be an insult.
Again as long as there is no money being exchanged I would be ok with it. Heck if I got big enough, I would sponsor contests.
I think fan fiction is flattery, sure, fine. I don’t think fans should be sued for writing their own stories privately, but I as a writer want the right to control what is done to, and with my work publically. Some musicians are busting down the doors to let advertisers use their music to promote everything from preppy clothes to hamburgers. For some it’s just free/cheap publicity but some hold their work to a higher standard.
Writers should hold their copyrights to a specific ensemble of characters and plots. Let me do the writing, you love it because “I” wrote it right? Sometimes it hurts when people innocently take your masterpeice which holds so much of who you are, what you believe and love … and then massacre it.
I’m not that hardcore into fan fiction, though I did play around with one story and found it to be a fun little romp. Those that I know who write fan fiction more extensively also perceive it in that spirit, and from what I see on the sites, everyone gets that they cannot make money on these works.
I would indeed assume that authors would be flattered by the fact that their readers want to stay submerged in their storyworlds…and even if they might feel insulted by those who write fan fiction as a way of altering storylines they weren’t satisfied with in the original, bravo to them for exploring those creative alternatives! Maybe I’m naive, but it seems harmless–it isn’t as though readers of fan fiction don’t credit the original author for giving birth to the characters/stories. And inspiring new writers in this way ought to be a point of pride for established writers, I would think.
I can only hope that one day my works are popular enough to spur fanfic. It’s actually one of my goals as an author to have others create side stories and ideas that expand on my own. I believe in the power of publicity, and fanfic is just another version of it. After all, a fanfic writer is someone that has purchased your wir; a fanfic reader is someone who might go purchase the original to fin out more.
I’m undecided on whether we should profit off fanfic, meaning both the fan or the original author, but that’s something that really doesn’t matter until a fanfic brings in actual profit. If it doesn’t cannibalize sales (and it would take a lot of evidence for me to ever believe it does anything but promote an author’s work) then it should be allowed. Of course, I’ve read fanfics in the past an enjoyed them, so maybe I’m biased.
Oh, absolutely in favor of fanfic. I just made my own post about a week ago defending it. I think the creative community that has formed around fanworks is one of the most amazing things ever (it practically raised me, for God’s sake) and authors need to realize once and for all that they can’t control the way people respond to their work.
I will argue with you on the question of illegality, though: check out the mission statement of The Organization of Transformative Works. The landscape of copyright is changing dramatically today in response to new forms of media and new definitions of community. At the very least, it is a gray area.
All I happen to write is fanfiction, I adore it.
Once I’m involved in the original story, I always find myself craving more. Fanfiction is a great way to delve into how other people read works, perceive characters and settings.
I have a large group of friends who all write fanfiction, none of us are interested in making any money. Why would we? Our stories are a homage to the characters we love, money is the last thing on our mind.
Yes, there are some less than desirable stories out there that butcher characters. However, there are far more that really do breathe life into old books, movies and especially video games for us younger people!
Dave.
I think the copyright law we have right now is ridiculous. It needs revising. No one’s idea is truly original. Everyone builds their own creation from other people’s creations. You might as well sue JK Rowling for having a story about a boy wizard. There were plenty of stories before hers that had boy wizards that go to a magic school. Anne Rice was not the first vampire novelist. Shouldn’t she be sued for copying Bram Stoker’s idea? Shouldn’t Bram be sued for copying Romanian folk legend?
I don’t understand these authors at all. Why does fanfiction bother them so much? Don’t they have anything better to do with their time than attack their own fans? Whenever I hear of an author that hates fanfiction, I lose all respect for them. It’s like they are against creativity itself. Fanfiction encourages literacy, creativity, and all kinds of wonderful things. And yet these authors want to put a stop this?
I have written fanfics based on other fanfics. I have had other people base their fanfics on my fanfics. Creativity is wonderfully contagious and has the ability to bloom faster than ever thanks to the internet.