A Question About Authors And Fanfics

[Guest yamsham]

If an author disapproves of fanfiction based on his or her original work and requests that fans not post them on the internet and that archives remove all existing fanfiction based on their work, do we have to comply with the author's wishes?

[foeofthelance]

The only case of this I know of is Larry Niven and his works, and it is generally accepted that they are officially off limit. In this case, I don't know what if any ramifications not listening to the author would have, but his fan base normally accepts it and abides by it, it being the author's wish.

[Nanaea]

Anne Rice doesn't allow fanfics either....

[taker]

http://www.fosff.net/index.php

P.N. Elrod

Raymond Feist

Laurell K. Hamilton

Mercedes Lackey

Anne McCaffrey

Robin McKinley

Irene Radford

Anne Rice

J.D. Robb

Nora Roberts

Patricia Cornwell

THOSE ARE THE AUTHORS WHO HAVE 100% CONTROL OF THEIR STORIES. NO FAN FICTIONS FOR THEM!

[Guest Big Samurai]

It is for this reason that I intend to openly allow and encourage fanfic of my original work if it is ever published. Nobody loves a spoilsport.

That list covers the most notorious offenders. As for (non-Japanese) creators who like fanfic, I know that a certain Joss Whedon has made sly references to it in the past ....

[JewelMaiden]

Anne McCaffrey does allow fan fiction now and has a page with some rules of conduct regarding it. See here The rules were relaxed over a year ago now and the Anne site i'm a member of has a fan fiction section.

[Guest Acita]

Not entirely sure about the legalities, but I do know that in court authors are given more weight than fan fiction writers. I even recall reading somewhere that disclaimers in fanfiction are not "lawsuit shields" as everyone believes they are. Even if you insert disclaimers into fan fiction an author can still take it to court if they really choose to, though it would be pointless to attack indavidual writers. That's why AFF.Net and FF.Net must be so cautious; it's more likely an author will sue the entire database (IE: Metallica going after Napster rather than everyone who downloaded their songs illegally).

[Guest Zimarah]

I think it's more likely they'll just send a cease and desist letter. It's much easier and usually gets the required results.

[StoryJunkie]

If they have nothing better to do, but maybe all they want is to publish. It's futile to try and stop the wind...

[Guest Corvis]

I'm sad because I just realised that Hamilton doesn't like Fics about her stuff. I understand why though, even though I don't agree. I'd love it if I published and people cared enough to write about my work. But it's also like sharing your kid with a ton of people in a way.

Imitation is a form of flattery or somethin like that...

[Guest Agaib]

Hmm well I suppose it is completely within an author's right to protect thier work. But I personally beleive that if I had people writing fan fiction based on original works of mine that it would only cause a fan community to flourish and buy more books.

[Guest Alien Pirate Pixagi]

I actually read an article about this about a year ago by Christopher Noxon and a response by a woman who calls herself Teep. It pertained to Harry Potter slash fiction and whether or not JK Rowling and the WB would try to sue the writers. As Teep said in her response, there wouldn't even be enough money to pay off her lawyers. While she's actually mentioned she doesn't like the fics, she's also turning a blind eye to them.

The aformentioned articles are here:

http://sfgate.com/cgi-bin/article.cgi?file.../18/IN92578.DTL

http://www.bedford.net/teep/potter.htm

Read them in that order, for the first is by Noxon, and the second is Teep fisking it.

Her's is HILARIOUS.

But yeah, I'd love for people to write fanfiction about my original work after I get it published, though I understand the original author's sentiment.

[Guest Agaib]

As interesting as it all is... I write original works, and thus, dont have much to worry about. Yay for me!

Of course I want all you fanfiction writers to know that you have my full support in what you do, because I may or may not have read some things that may or may not qualify as possibly fanfiction.... sortof...

[Guest Ertia]

I would just hope that those of who do write fanfiction would honor an authors request for us to stop if they asked.

I mean, respect for our fellow authors is kind of important, I think. And the things we do to their characters!!!!! EEEK!

JK Rowling has said, "Oh, I wish you guys wouldn't DO that!" (harry & draco) But she hasn't specifically said, "HEY! DON'T DO THAT!"

And Tolkien, bless him and all his creations, is dead. Even if his estate came out and said, "Don't DO THAT!" we would just write technically in Movie-Verse... In which case, if New Line and PJ came out and said,, "DON'T DO THAT!" welllllllll.... could we really take the creator of "Meet the Feebles" seriously in that respect?

[Guest WFK]

I think that the majority of professional authors probably view it as using their work to be the highest form of praise. At least, I hope.

[Guest Adara]

Some authors, fortunately do see it as a form of praise. But I've heard others like Anne Rice become offended by it and are flat-out against it.

[Guest Yhitzak]

Regardless of how we -as fanfiction writers- might feel about this, the question here is:

If an author disapproves of fanfiction based on his or her original work and requests that fans not post them on the internet and that archives remove all existing fanfiction based on their work, do we have to comply with the author's wishes?

I really can't believe that anyone would question this. If any writer of original, unpublished fiction requested that others not write fanfics based on their story, they would have to be respected according to the site's TOS. Even on this site, there are protections against plageurism and stealing other people's ideas. And -no matter how much we might like to claim otherwise- fanfiction really is just another form of plaguerism, flattering as imitation might be.

So in answer to the original question, yes, we should have the integrity to respect the wishes of authors, be they published or not. And it's not like there's any laws saying you can't *write* the fics. You just can't post them on the net for public consumption.

[redsliver]

Fuck them. Copyright law is idiotic and retarded. No one can own an idea. It used to be 7 years, that's all an author, songwriter, movie producer, painter, whatever had before his/her works became public domain unless the author paid for another 7 years (It was a 30 dollar fee in 1920). There was no second renewal. Disney was amazing at this, Pinocchio being released in theatres the day after it fell into public domain, meaning it was animated and acted while the author still owned it however once the money started coming in it all went to Disney.

It wasn't long before Mickey Mouse was on the verge of the public domain that Disney started petitioning and suing to prevent this from happening. 18 or so months later copyrights were extended. However Mickey Mouse was public domain for three months but retroactively placed in the private domain (that's theft in my eyes.)

After Romero's Dawn of the Dead was released without the copyright logo (its the one of the few pieces of commercial fiction to turn public domain since Mickey Mouse. All of which were due to red tape fuck ups.) The laws were changed that so long as the work can be dated its copyright (the works that fell through those cracks were not stolen from the public)

Now the copyrights of any body of written work, music, cinema, etc. will last almost double the average human lifespan and I suspect it'll be extended further when Mickey's threatened again.

Other complete bullshit is things like that Disney has sued and won against a director who wanted to make a Beauty and the Beast picture.There's no fucking way a French fairy tale is owned by Disney.

Long story short: fuck the publishers, the corporations, the labels and the idiot politicians who passed those laws (I don't think they were ever officially passed outside the States but trials have been awarded to the distributors in Canada and most of Europe.)

[Guest Yhitzak]

So what you're saying, then, is that these authors don't deserve to have their wishes respected? Copywrite laws aside, what about integrity? Don't you have any respect for people's work?

[redsliver]

I have the same respect for other's work as I have my own. But if someone wants to write a little story using someone else's characters and isn't profiting from it, I honestly don't care if it offends the author.

[Squallfan]

I have the same respect for other's work as I have my own. But if someone wants to write a little story using someone else's characters and isn't profiting from it, I honestly don't care if it offends the author.

I agree with you Redsilver. I have never written a fic from a book thus far. My fandom is Final Fantasy and Resident Evil, but I think the same thing applies with games. I've inspired some of my readers to seek out and play the games I write fics for, because they liked my stories. So, in a way, I'm making more money for the makers of said games.

I would say the same about other fic writer friends, inspiring their readers to buy the book from the authors, thus gaining that published author a bigger fan base, and gaining more money.

My reasoning, why would they complain if fan fiction gains them more fans for their original works? If I was a published author, I think I would appreciate that. Not to mention the fact that no one gets paid for writing fan fiction.

Of course, adult fan fiction will always be frowned upon more than others.

[madlodger]

I do believe in copyright law. Creators of Original works should have control for at least their lifespan. Or they will be robbed blind and live a life of poverty while others are ripping off from their staff.

But this board is not about that.

do we have to comply with the author's wishes?

Yes, because they DO own that work. But doing so on their part is naive, because what they dealing in is dreams and fantasy. When JK Rowling had published her fiction and millions of books were sold; who was the market for them? People who like fantasy. It's inevitable that people will build their own fantasy on that. And, with Internet being so available, it's inevitable that that it would be posted.

Published writers who forbid fanfics, based on their works, are reducing their own fanbase. It's bad for business, so to speak.

As long as fanfics are not sold for profit, it should be OK.

I would like to compliment yamsham on this interesting thread

[Guest Alien Pirate Pixagi]

Okay, fact is, if a writer doesn't want derivative works (which is what fan fiction is in it's purist form, NOT plagiarism. There IS a difference) made from their own work, then the law says it shall not be done. Authors such as JKRowling has given license for other authors to make DERIVATIVE works from her Harry Potter series under one, strict condition: That no money is made from these works.

Authors like Anne Rice, however, have given no such license and therefore we must respect her wishes if for no other reason then it's the LAW. My reasons fall under respect for that author. And for the next 70-some years, Anne Rice has the right to make that decision because NONE of her work is public domain.

That whole debacle with Disney and Beauty and the Beast is retarded. They do NOT own the rights on that story and have NO RIGHT to stop others, much like most of their classics. Disney, however, is a special case where it's not about integrity, bot profitability. If they can make money from something, they will abuse any and every system they can to do so, and make sure they are the only ones who can.

For reference, copywrite laws dictate that any person has full control over they're creations for at LEAST 75 years and after that, if no renewal has been done, then the creation falls under Public Domain (Betty Boop, for example).

I agree that disallowing derivative works from being made from books, shows and movies is kind of short sited, people have their reasons. I, for one, would hate to see a fanfic made of a story that had extreme sentimental value to me. That's an emotional thing.

[redsliver]

Authors like Anne Rice, however, have given no such license and therefore we must respect her wishes if for no other reason then it's the LAW. My reasons fall under respect for that author. And for the next 70-some years, Anne Rice has the right to make that decision because NONE of her work is public domain.

More like 100-some years and that's kind of off as it is. Nothing will ever again enter the public domain unless its placed there on purpose because the US congress will continually pass laws to extend copyright under duress from Disney, Lucasfilms and everyone else who has money and stands to lose profit by it.

[StoryJunkie]

Okay, Anne Rice as an example. I've read one of her books, and found it a rip off of some ancient witch idea. Mind you, most elements of the story were original, but is there really anything new under the sun? I find her tiresome and dark and I hate her settings.

I find its the same with any other author. They all have their inspiration. Even Shakespeare ripped off the Greek mythologies for his material. (I guess though, the authors were long dead.)

When it comes to someone like Tolkien, though, I think that I'm glad his wishes were adhered to (he didn't want it made into a movie) (while he was alive). But even so, he took his ideas of "what was the proper way" to write a fantasy from whatever source he deemed pure.

We all have our own ideas. I think that money is what rules the copywrite. It's not like we're talking about Marconi here, although its the same principal.