Not Your Sandbox

[jeriendhal]

james_nicoll would like to point out that Diana Gabaldon doesn't care for fanfic.

Now, it's important to point out that what's she saying is essentially correct. Her characters and stories are copyrighted material. When other people publish stories online using them, for profit or not, that's a violation of her copyright, and with Sturgeon's Law in mind the result is 90% likely to be crap anyway. So she's well within her rights to call fanfic authors out on this.

Nevertheless...

With a grand total of one exception that I can think of in the past twenty years, fanfic's effect on author copyright has been frankly negligable. Plus, banning fans from writing fanfic is approximiately as effective as shoveling water. You'll expend a lot of energy you could be using for something else for very little effect.

There are ways of dealing with it. Now some authors, such as Gabaldon, try to forbid it. That's probably the least effective method. The ones who want to write in the author's world will, or alternatively will become so irritated by the resctriction that they quit buying the books.

Some like Mercedes Lackey or Anne McCaffrey try to at least channel it, making fanfic authors jump through legal hoops to be published semi-legally. That's only as effective as the fanfic writers who choose to pay attention to it. It was somewhat effective in the days of published fanzines, but with the explosion of the Internet it's nigh impossible.

Many authors take Lois McMaster Bujold's approach and politely ignore it, perhaps even making a note on their website that while they won't ban fanfic they're legally obligated not to read it either.

Some, like David Weber, take the rather unique approach of co-opting it, effectively opening their universes to a limited degree to outside authors to play in and professionally publishing the results. That can be tricky, especially when dealing with amateur authors, but you can't deny the fannish good will it generates.

And sometimes the fanfic author hits the proverbial jackpot and becomes one of the team, such as the Buffy fic writer who became a member of the show's writing staff.

* * *

Then of course there's the really gray areas of professional writers playing in another author's playground, except that the author is safely dead so copyright isn't an issue anymore. Is The Seven Percent Solution or the Mary Russell novels ripping off Arthur Conan Doyle's greatest work, or paying homage? Is the Wind Done Gone or Wicked stealing from the grave of the authors of Gone With the Wind and The Wizard of Oz or providing clever social and literary commentary?

* * *

Me, I'm extraordinarily lucky. Not only do I write in the universe of one author who's fanfic friendly (LMB), but I also write in chaypeta's universe and received the high honor of not only her becoming a consumer of my works, she's seen fit to use some of my ideas in her own writing. For which I'll be forever grateful.

Because it's her sandbox. She just lets me play there.

Comments

[chaypeta.livejournal.com]

Very much enjoyed reading the debate this entry sparked.

Personally, I feel qualified only to speak from my perspective... that being a writer with a sizeable piece of work which has enjoyed a small but loyal patronage in the internets. I do not make (much) money out of my title and never intended to nor plan to. I write and publish for the fun of it. And part of the fun of it for me is looking at how other people perceive my characters and world setting through fanfic and fanart. I'm not constrained by legal issues involved with making a living from my work... my stuff is in no way big enough to attract any sort of marketing. Also I am not so protective of my characters that I can't allow other people to write about them how they veiw them. I find it interesting to see how others envision my people. If i don't like it I stop reading.

Having said that, I can sympathize with authors who make their living off their work having a negative veiw of fan works. the biggest problem I can see, besides fans selling their fanfics for profit and thus cutting a share of a market they don't legally own, is the risk that a fan will accuse the original author of misappropriating ideas from fanfics and incorporating them into the core stories. It has happened in the past. This is why authors publically state that they will not read fanfics. But this, unfortunately, may not be sufficient to stave off legal proceedings should an accussation arise. A dead author cannot be accused thus. One would argue that why have the seventy year clause then if not to protect the income of the copyright holders. There is a lot of room for debate here on respecting the decendants desire to preserve the original authors work in the minds of the readers without it being mixed with the ideas of fan writers. Personally i would argue that each individual reader creates their own internal fanfics reguardles... For example: have you never looked forward to a revelation or confrontation in a story only to find that when you get there the canon version feels unsatisfactory? Who hasn't rewritten the scene in their head to appease that sense of dissapointmen? We are all fanfic writers internally. And we are all smart enough to differentiate between what is canon and what someone else has fanticised based on original characters and world settings.

[jeriendhal.livejournal.com]

I'm not constrained by legal issues involved with making a living from my work... my stuff is in no way big enough to attract any sort of marketing.

I would argue rather that your work certainly could be. But you're not the sort to go around tooting your own horn, and it would require a fairly vigorous program of self-promotion. (For further insights just take a look at haikujaguar's "The Three Micahs" LJ posts) Hell, Howard Tayler supports his family with what he makes from Schlock Mercenary merchandise, and his artwork is like his main character, a pile of crap.

[chaypeta.livejournal.com]

In the world of making comics you can actually survive on drawing crap... as long as you do it consistantly and in a timely manner. Just check out some of the inks the big boys pay for. Quality is cheerfully sacrificed for deadlines.

me and 'timely manner' don't go together in the same sentence. If only I didn't have to work. :(