Quote:
Originally Posted by rogue_librarian
Actually the (non-commercial) translation was done with the blessing of the author.
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The author has been dead for decades.
I write fanfic. Yes, I post it on the Pit, yes, under a different
nom de plume, no, I am not ashamed of it. And I know that what I am doing is unquestionably infringement of several different varieties of rights. Depending on the particular situation, copyright, trademarks, or both can come into play. Fanfic flouts them as a matter of course.
In many cases, the rights owners adopt a "don't' ask, don't tell" policy toward fanfic: they pretend it doesn't exist unless it's thrust in their face. That generally works out best for all parties concerned: the fanfic writers get to have fun, and the rights owners don't antagonize their most dedicated (or downright fanatical) customers. And that's not true of
all rights owners, either; there are exceptions. Some of them still refuse to permit, and some actively seek out and sue, fanfic of their works. Some, especially in the early years of the Web, shut down websites and archives. I'm aware of one fandom that was driven completely underground. But in general, they'll tolerate it
if and only if the fanfic is
fan fiction, written on a purely amateur basis by fans, and shared with other fans for free.
Obviously, when someone starts selling a book, that's not fanfic anymore. That's just pure rights infringement for commercial gain, and even I, as a fanfic writer and amateur copyright violator, can't condone it.
That's why the defense of
The Wind Done Gone was that it was a parody, not that it wasn't infringement. And that's also why the author and the Mitchell estate settled out of court, because that parody defense might not have survived past the second legal round (the refused injunction being the first).
I like fanfic. I read it. I write it. I think it's fascinating. But it
is infringement on the copyright and trademarks of other people (and you can be that the Saul Zaentz Company has all of the latter sewn up very tightly) and it's not cool to go around making money off it.