Do you allow fan fiction of your works?

[sourcejedi]

Originally Posted by HarryT

This position taken by this "organization"

Registered non-profit. Meetings. More than two people. Probably an organisation.

Originally Posted by HarryT

pure nonsense. FanFiction involve the creation of "derivative works" and, as such, is a violation of copyright law if done without the copyright holder's permission. The overwhelming majority of FanFiction is not written for purposes of parady, which is permitted as fair use.

Fair use is a balancing of four main critera - and anything else the court decides is relevant to fair use. The only strictly true statement is that we don't know the answer, because there's been no (US) case.

We do know that unauthorized commercial reference guides are fine.

I'd think much of the "good" crack-fic ("fanfiction on crack") or mega-crossover fic is safely transformative in a creative sense, not a direct market substitute, and avoids substantive copying in the most literal sense. Being non-commercial is also an important factor.

OTOH, I wouldn't like to have to defend the (multiple!) versions of Harry Potter Book 7 that were written by impatient fans before the "official" one came out.

[Steven Lyle Jordan]

Judging by how few people are buying my books, I'm pretty sure the likelihood that anyone is writing fanfic on them is pretty damned small...

Originally Posted by Steven Lake

1. If you're creating fan fiction, please try to keep as close to existing cannon as possible.

Is that so, if you don't like what they've written, you can blow them out of the water easier?

[HarryT]

Originally Posted by Steven Lake

AgentBeats: The recommendation to stick within the known cannon actually gives no benefit nor detriment to the author themselves. It's really there as a guide to help the fan fiction writers to create a good piece of fiction based on an already established world. Think of it as a good way to help armchair authors (aka fan fiction writers) get better at their hobby. And in turn, their hobby will at some point benefit the original author.

Take Star Wars for example. Several fan fiction characters, Mara Jade being one of the most popular, actually found their way into Star Wars cannon because they became so popular within the community. In turn, the creators of the character benefited in several ways themselves, one of the biggest being that their character ended up in the expanded universe. That's a huge honor. And all because they wrote their character inside of existing cannon.

I suspect you mean "canon" (the body of rules, principles, or standards accepted as axiomatic and universally binding in a field of study or art) rather than "cannon" (a mounted gun for firing heavy projectiles; a gun, howitzer, or mortar. )

[JanG]

I write fanfiction and have done for many years. Those who write ff know which authors don't like or will not allow ff based on their works.

There are some authors who actively encourage fanfiction based on their work. Some even had/have a section on their own websites for fanfiction.

If I were lucky enough for someone to write a ff based on my original characters, I would certainly read it.

--Jan.

[Elfwreck]

Originally Posted by HarryT

This position taken by this "organization" is pure nonsense. FanFiction involve the creation of "derivative works" and, as such, is a violation of copyright law if done without the copyright holder's permission. The overwhelming majority of FanFiction is not written for purposes of parady, which is permitted as fair use.

The difference between "transformative" and "derivative" is not a simple hard line, and is not legally defined anywhere. One cannot (accurately) say that fanfiction is, or is not, derivative and not transformative.

However, those who've read substantial amounts of fanfiction can make general statements about the majority of it--and among those people, those who are IP lawyers are split. Part of the purpose of the OTW is to publicize the fact that many copyright specialists who are aware of fanfiction believe most of it falls under US "fair use" exemption from copyright, much as a review or critique would. It's possible an individual fic would be infringing, just as a book review can be found to be infringing, without damaging the basic principle that this kind of commentary is legitimate.

A lot of fanfiction explores character aspects left open in canon; these fics can be understood as character study essays in story form. Some depict new adventures for the key characters; again, these can be viewed as pondering hypothetical situations in story rather than essay form. Some fic goes over the events of canon from a non-protagonist's POV--much like The Wind Done Gone. And some fics in all those categories could be parodies.

The legal definition of parody doesn't require humor or awareness of that definition. Most slash fanfiction falls well inside the bounds of "parody" established in other copyright cases. If the song "Big Hairy Woman" is a parody of "Pretty Woman," it seems very reasonable that "Kirk the Interstellar Slut" fanfiction is a parody of Star Trek, regardless of whether it's funny, and regardless of whether the author believed she was writing a "parody" at the time.

Of course, most authors are only too pleased to have FanFiction written using their characters; it's a compliment of highest order than your readers enjoy your work so much that they want to read more.

Most authors are pleased to have fanfiction written if they like the tone of the fanfiction. Relatively few approve of the more transformative types of fanfiction--which are the most legally protected forms.

It's very likely the reason no fanfic has been taken to court for copyright infringement (AFIAK) is not just that "it wouldn't be worth the money," but that the fics that authors find most disturbing and offensive are also the ones most likely to be found legal--The Wind Done Gone case showed that exploring ideas the copyright owner finds repugnant, and therefor refuses to authorize, is solid grounds for a claim of "transformative" rather than "merely derivative."

Without the ability to claim market substitution & financial damages, the case against fanfiction is on very thin ground. Yes, it's using someone else's characters & settings without permission--but so's a detailed review, or an analytical term paper. Putting those details in story form instead of essay form doesn't make them more infringing. The actual copying involved is minimal, and used to comment on or create new insights into the original, just like a review or analysis.

[Steven Lake]

Originally Posted by Steve Jordan

Is that so, if you don't like what they've written, you can blow them out of the water easier?

lol. Nah. I'm a nice guy, so by saying that I'd prefer they stayed within the canon, I'm actually helping out the fanfic writer. Because some great writers have actually gotten their start writing fanfic. Others have done something so incredible with their fanfic that they've actually enhanced and expanded the original universe they were writing fanfiction about.

Just look at the expanded universes of both Star Wars and Star Trek. Both contain generous amounts of characters and canon originally created by fanfic writers. Not all of it, but certainly a reasonable percentage. There is one case that comes to mind specifically. I'm not sure if you're familiar with the character of Mara Jade from Star Wars. That was a character actually created by a very brilliant fanfic writer. His works were so good, and his character so rich, that she eventually became a part of the Star Wars expanded universe. To date, that one fanfic character has been in 5 Star Wars games and countless Star Wars books. Not only that, but the guy who created her now has a fairly lucrative job working for George Lucas.

So there is some benefit to be had by fanfic, both to the fanfic creator, and the original author or creator of the work being used in the fanfic. So in the end, fanfic is actually beneficial to guys like us, and our readers as well. The only time I would take any exception to fanfic is when someone used it as a means by which to directly profit from my work without at least getting my legal written permission to do so.

Originally Posted by HarryT

I suspect you mean "canon" (the body of rules, principles, or standards accepted as axiomatic and universally binding in a field of study or art) rather than "cannon" (a mounted gun for firing heavy projectiles; a gun, howitzer, or mortar. )

Sorry, long day. Yes, it was a typo. lol.

Elfwreck: Wow, mega legal brief. ^_^;;

[Keryl Raist]

Now that some time has gone by, any of you who posted here have fan fic yet? Any of it good?

None for me at this point, though I'm tempted to write some for myself. There are things I'd like to write, but there's no place for it in the story I'm trying to tell. Kind of insane to write fan fic for your own work, but I can't imagine I'm the only person who's had scenes she loved but didn't aid (or for that matter even fit with) the plot.

[Elfwreck]

Originally Posted by Steven Lake

lol. Nah. I'm a nice guy, so by saying that I'd prefer they stayed within the canon, I'm actually helping out the fanfic writer. Because some great writers have actually gotten their start writing fanfic.

It's only "helping out" if their goal is to become a pro author. A lot of fanfic isn't written with that in mind. It isn't a training exercise, but a form of critique and review of the original, or exploration of aspects that canon will never address.

Elfwreck: Wow, mega legal brief. ^_^;;

Heh. I spend rather a lot of time on this subject.

Originally Posted by Keryl Raist

Now that some time has gone by, any of you who posted here have fan fic yet? Any of it good?

*Grabs opportunity for self-promotion.* My fanfic is available here at AO3; I've been told some of it's quite good. A lot is weird or explicit or both; some is based on in-jokes with other fans. If I had to recommend a few to someone who hadn't read much (or any) fanfic, I'd start with either Two Birds in a Bar (Harry Potter/Batman crossover) or Music Save Your Mortal Soul (based on the song Convoy). Or, for "short enough to read on a break at work," Stopping Five Things (Star Trek XI movie).

None for me at this point, though I'm tempted to write some for myself. There are things I'd like to write, but there's no place for it in the story I'm trying to tell. Kind of insane to write fan fic for your own work, but I can't imagine I'm the only person who's had scenes she loved but didn't aid (or for that matter even fit with) the plot.

I've known several pro authors who wrote fanfic for their own worlds, either missing scenes that weren't appropriate for the books (too explicit, or just didn't fit with the storyline ("here's minor-character's wedding scene which happened during the 4 years skipped between chapters"), or alternate pieces ("here's what happened if the heroine's first husband didn't die in that attack, but was captured instead"), or crossovers/alternate universes ("here's what they'd be like as rock stars instead of space pilots" or "... they're teleporting to the next planet, and Dr Who greets them!").

[altworld]

Isn't it the best kind of flattery? To have someone who cares about your characters that much that they want to write more for them?

I have zero problems with fan fiction of my works, it doesn't upset the story that I am writing, doesn't take anything away from it and in the end helps my work get out to a much larger audience.
Arigato,
Nick Davis

[James_Wilde]

I'd be delighted. It would mean that at least one person had read my book and liked it.