Fan Fiction as eBooks

Kirok · 11-28-2008, 11:13 PM

I'll explain my project first and then I'd like some general advise on my course of action.

I'm a Star Trek fan who writes under the name of Kirok of L'Stok and over the years I've written for, edited and published various newsletters and fanzines as well as organised various online events which has solidified into one I've been doing for the past two years called "The Twelve Trek Days of Christmas" (2007 and 2008) where over twelve days I organise twelve "giveaways" of various types to do with fan productions. Last year I publicised the work done by fans in fan films, paper models and gaming as well as doing an independant series of podbooks/audiobooks

The position of fan productions in popular media is changing but we still live by the grace of the copyright owners. Every production, whether it's a written fiction, a fan film, an audio drama or a music video has a disclaimer to the fact that the writer or producer does not exercise any legal right over the intellectual property that the copyright owners lay claim to. If you want to pursue the topic further I've got gobbins of stuff about it on my fanzine, Acrux.

Recently I was made director of publications and media at TrekUnited and this gave me some pretty nifty connections and resources so I decided that this year we would seriously break some new ground by expanding the publication of Star Trek fan fiction into ePublications. Up 'til now fan fictions have been posted on message boards like the venerable alt.startrek.creative, lodged on archives like TrekFiction.com or published, piecemeal, on forums like our own on TrekUnited.

This makes the fan fiction community pretty close-knit and friendly but it isn't really reader-friendly. Technology-wise it's sort of like using a nailgun as a hammer or correcting your word-processing mistakes with "white-out" on the monitor! In other media fans have embraced technology and now have access to the worlds of cinema, animation, comics and computer games to combine their fan experience with their creativity to achieve some pretty impressive things.

Why not fan fiction, thinks I?

Why not have them available as downloadable pdf's that can be browsed online using an embedded viewer like ISSUU?
Why not make them available to the world over the Scribd network?
Why are there no archives of downloadable eBooks that I can read on the train with my iPaq?
If there is free five-minute fiction daily online, why isn't it common to see RSS used more?

As far as I can see there are no insurmountable philosophical and technical problems that can stop this.

I've been pimping for submissions for over a month now and so far we have six submissions in different stages of development. Basically what I'd like to do is to take a manuscript and ...

Host and, depending on response, help arrange a cover graphic that can also be downloaded as a mini-poster
Host a link to a "Print on Demand" ready pdf in A4 and US Letter.
Host the book in an embedded Issuu browser, so that it will be available on the Issuu network
Lodge the pdf on the Scribd network giving it a potential audience of 20 million monthly visitors worldwide!
Link to a downloadable eBook in Mobipocket format. NB eBooks can be advertised on the free eBook forums.
Link to a downloadable eBook in either eReader or Stanza (which uses ePub) both of which can be read on mobile phones like the iPhone.

Here's the issues that i can see and i'd appreciate your input on them ...

When I say a "Print on Demand" ready pdf, the main reason is because full-bleed graphics look better online as well as on paper. if a reader wants to take this file to a "Print On Demand" printer and get him to make up a hard-bound or paperback copy of it then he (the printer) is simply performing a service for the customer by processing the file given to him. The customer is paying for the printing service and there is no exchange of payment for the intellectual property of the book. Frankly I feel this is going to be a rare occurrence at the best of times. An author might want a copy of their book, a club might like to see a copy in their library, but beyond that?
I've had no feedback from ISSUU or Scribd about their attitude towards fan fiction but, by the same token, I've not seen anything specifically against it either.
ethically I can see no difference between us creating, hosting and making available for free an eBook copy of a fan fiction and a fan film, an audio drama or any other form of fan production - the only difference is in the media. As long as we make it abundantly clear that the authors and producers make no claim to the intellectual property of Star Trek, there is a clear precedent that we can follow.
Technically, I've said Mobipocket because it's commonly used, I've used it and been happy with it myself and it's got a wide set of handy options including the RSS aggregator which I reckon would make a good message board reader once I iron out a bug (see seperate thread).
Whilst both eReader and Stanza can give us access to iPhone (I'm betting on eBooks booming with them) I like the idea of making our fan fiction available in ePub which is, correct me if I'm wrong, a more 'open source' platform.
... and finally, what is the status of listing out eBooks on this forum? I've read through the pinned copyright discussions and, well, frankly we are in a no-man's land in that we are admit our lack of legal standing yet simply want to share our creative work without causing the copyright owners any loss of revenue. Let's face it, although there's some great fanfic out there, the chances that a reader will decide that he doesn't need to download a professionally published eBook because he can get fanfic for free is slim-to-nil!

My own belief is that a strong fan production community is more like to open up new markets for the copyright owners and their licensees by "whetting the fan's whistle" for the Trek franchise than it is likely to harm it.

I look forward to your feedback

Cheers

Kirok of L'Stok

DaleDe · 11-29-2008, 12:19 PM

Fan Fics are not allowed in the eBooks section here at MobileRead. The reason given was that they are based on copyrighted characters and material which places them in a gray area of the law. Most often authors overlook this when the person writing the fanfic does not profit from the effort but occasionally someone will take issue with it. Good luck on your effort. Do not sell or profit from the effort or you might get the copyright police down on you.

Dale

Kirok · 11-29-2008, 06:30 PM

Quote:

Originally Posted by DaleDe

Fan Fics are not allowed in the eBooks section here at MobileRead. The reason given was that they are based on copyrighted characters and material which places them in a gray area of the law. Most often authors overlook this when the person writing the fanfic does not profit from the effort but occasionally someone will take issue with it. Good luck on your effort. Do not sell or profit from the effort or you might get the copyright police down on you.

Dale

Well, that answers the last question. I can accept that. This is your forum and it is up to you as a community to set the standards for it as your experience and conscience sees fit.

The advise on profit is sound but it is something that is already ingrained in the culture of the fan production community. In the four years I've been reporting on Star Trek fan productions, I've not heard of one C&D (cease & desist) order being leveled at us precisely because we are a self-policing community. Some fan film groups have over ten years production invested in their work and they know that it could all be lost if one person or group, through ignorance or stupidity, were to force the studio to change their laissez faire attitude.

In fact the only C&D I've heard of in recent times has been between LucasArts and a FanEdit (a video that has been edited by a fan to change the flow and content of the film) because it was insufficiently labeled as a fan production. Their problem was not one of profit - the FanEdit was not for sale - it was creative in that it was too like the original and Lucas didn't want any confusion between his own work and that of a fan. The C&D was lifted after stronger identification was placed on the cover.

Our problem might come from, not the copyright owner but their licensee, Pocket Books who are the only people who have the legal right to make hardback, paperback and eBooks based in the Star Trek "universe".

Some licensees have an almost symbiotic relationship with their fanbase especially the gaming fraternity where "mods" or extensions to the commercial games are not only allowed but encouraged to the extent where fan modification is part of the game itself! The experience here is that doing this increases the acceptance and longevity of the product ... the question is: is this something that would necessarily tempt the publishing industry? I would suggest yes.

Remember we are talking about eBooks here, not a movie or TV program with millions invested in development costs. I'm not trying to trivialise the production costs of publishers, far from it, in fact I see eBooks as a way of publishers maintaining and extending on the income that they can expect from their production investment!

Let's consider a specific book, John M Ford's classic tale, "The Final Reflection". Published in 1984, you can now pick it up in most second-hand book shops for cents which means that, other than a reprinting in 2004 in tandem with Michael Jan Friedman's "Kahless", they have had virtually no revenue from this title in years. What if there were a demand for that book again, reckon they would print it? I doubt it. However an eBook edition of it will keep revenue coming in from this IP without printing, warehousing or distribution costs - a classic example of "The Long Tail", as espoused by Chris Anderson, in action!

Whilst I respect your forum's ruling, and will abide by it by not listing our productions here, it is based on a lawyer's perception of the negative worth of fan productions to the commercial world, one that has no basis in the real world. Fan production generates and maintains fan interest in a franchise far beyond any perceived loss of revenue (and I have yet to see any evidence of any). We give them free, targeted publicity that they could not buy, publicity that they can capitalise on. What more could they ask for?

Could I at least get some feedback on the other aspects of our programme?

Regards

Kirok of L'Stok
Fan Production Curmudgeon

PS - By the way, gentlemen, could someone have the decency to explain why this post was moved from Uploading help to "Deals, Freebies, and Resources" when this has absolutely nothing to do with commercial gain other than in the negative sense that there is not now, nor ever has been, any suggestion that any fan production has ever tried to make any?

I shall reserve further comment until I hear your reply. - K

zelda_pinwheel · 11-29-2008, 06:39 PM

i don't know much about fan fiction so i can't address most of your points, but since you brought up formats, yes, mobipocket is a very commonly used format at this time, and epub is the emerging industry standard. as you say it is open source and a very robust format specifically for books. in addition, it can easily be converted to other format (like mobi). it's an excellent format to create because it will allow for very good formatting, meta data and archiving, and converting it to other formats as needed is trivial.

you make some very good points about exploiting the new technology in fan fiction as other media have done and i think you've got some very good ideas and it's an excellent initiative.

good luck with your endeavour.

Kirok · 11-29-2008, 06:53 PM

Quote:

Originally Posted by zelda_pinwheel

i don't know much about fan fiction so i can't address most of your points, but since you brought up formats, yes, mobipocket is a very commonly used format at this time, and epub is the emerging industry standard. as you say it is open source and a very robust format specifically for books. in addition, it can easily be converted to other format (like mobi). it's an excellent format to create because it will allow for very good formatting, meta data and archiving, and converting it to other formats as needed is trivial.

you make some very good points about exploiting the new technology in fan fiction as other media have done and i think you've got some very good ideas and it's an excellent initiative.

good luck with your endeavour.

Thanks for the good wishes, Zelda! That's interesting what you said about ePub - I was thinking of using Harry T's tutorials to convert Docs/html files via Book Designer to Mobipocket and then seperately creating the ePub books.

Perhaps it might be a better idea to create the ePub books first and then convert them to Mobipocket?

Cheers

K

zelda_pinwheel · 11-29-2008, 06:58 PM

if you want to make epub books, i recommend using the online interface at feedbooks (unless you prefer to handcode, which is of course also an option). if you don't want to publish your book through their distribution plateform, just make the book and then request a preview which you can save to your computer. feedbooks can also create a mobipocket file so you don't have to do the work twice.

edit : take a look at their help pages which will explain some best practices for publishing epub books, and give you some useful info about book structure.

HarryT · 11-30-2008, 05:01 AM

Quote:

Originally Posted by Kirok

PS - By the way, gentlemen, could someone have the decency to explain why this post was moved from Uploading help to "Deals, Freebies, and Resources" when this has absolutely nothing to do with commercial gain other than in the negative sense that there is not now, nor ever has been, any suggestion that any fan production has ever tried to make any?

I shall reserve further comment until I hear your reply. - K

Simply because the "Upload Help" forum is specifically concerned with books uploaded here at MobileRead, and your post had nothing to do with uploading books to MobileRead. The "FanFic" aspect of it was entirely irrelevent to this decision.

Kirok · 11-30-2008, 05:22 AM

Quote:

Originally Posted by HarryT

Simply because the "Upload Help" forum is specifically concerned with books uploaded here at MobileRead, and your post had nothing to do with uploading books to MobileRead. The "FanFic" aspect of it was entirely irrelevent to this decision.

Ok, I can understand that - i was asking for advise on whether I could upload the finished books to this forum - which you'll note is now a non-issue - so it should be moved elsewhere ... but what on Earth has it got to do with "Find hot e-book deals and freebies, and other noteworthy e-books resources" What I have posted is neither a deal, a freebie nor a resource - it is a request for help and discussion.

I shall simply have to take your word for it that this is the most appropriate place for my request.

K

HarryT · 11-30-2008, 05:35 AM

If you prefer to have it moved to another forum section (eg the "Lounge" forum), please just say and I'll move the thread with pleasure. It just doesn't belong in "Book Uploads", which is concerned specifically with MR uploads.

Kirok · 11-30-2008, 07:45 AM

Quote:

Originally Posted by HarryT

If you prefer to have it moved to another forum section (eg the "Lounge" forum), please just say and I'll move the thread with pleasure. It just doesn't belong in "Book Uploads", which is concerned specifically with MR uploads.

Let me make some things perfectly clear.

I have spent the last four years scrupulously emphasising the non-commercial nature of all aspects of fan productions.
I am now embarking on an endeavour which will entail the tolerance of a licensee who has had no previous contact with fan productions in this media
You've sat my post in a forum that, to a stranger's eye, looks surprisingly like a marketplace
You'll forgive me if I get to be a bore about this but I cannot allow even the slightest suggestion of a connection between this project, or any other fan production, and commercialism. This is a responsibility that I take very, very seriously.
That being said, I am a stranger in your forum and I have not the faintest idea where the best place to get the requisite advise would be for this post.

I have already said that I will have to trust your administration rulings as to which forum would be the most appropriate. If you believe that the Lounge is the appropriate place then by all means move it there but asking me where I think it should be moved is not a question I can even guess at the answer to.

I understand the Bahamas are very nice this time of year.

K

Nate the great · 11-30-2008, 07:57 AM

Kirok, do you think this would fit better in the "Format Conversion" subforum?

Kirok · 11-30-2008, 08:42 AM

Quote:

Originally Posted by Nate the great

Kirok, do you think this would fit better in the "Format Conversion" subforum?

I'd much prefer the Bahamas!

Looking at my original queries ...

When I say a "Print on Demand" ready pdf, the main reason is because full-bleed graphics look better online as well as on paper. If a reader wants to take this file to a "Print On Demand" printer and get him to make up a hard-bound or paperback copy of it then he (the printer) is simply performing a service for the customer by processing the file given to him. The customer is paying for the printing service and there is no exchange of payment for the intellectual property of the book. Frankly I feel this is going to be a rare occurrence at the best of times: an author might want a copy of their book, a club might like to see a copy in their library, but beyond that?
I've had no feedback from ISSUU or Scribd about their attitude towards fan fiction but, by the same token, I've not seen anything specifically against it either.
Ethically I can see no difference between us creating, hosting and making available for free an eBook copy of a fan fiction and a fan film, an audio drama or any other form of fan production - the only difference is in the media. As long as we make it abundantly clear that the authors and producers make no claim to the intellectual property of Star Trek, there is a clear precedent that we can follow.
Technically, I've said Mobipocket because it's commonly used, I've used it and been happy with it myself and it's got a wide set of handy options including the RSS aggregator which I reckon would make a good message board reader once I iron out a bug (see seperate thread).
Whilst both eReader and Stanza can give us access to iPhone (I'm betting on eBooks booming with them) I like the idea of making our fan fiction available in ePub which is, correct me if I'm wrong, a more 'open source' platform.

Of these ...

is a Print On Demand copyright question. Perhaps Mobileread is not the best place to raise this anyway
is about fan fiction on ISSUU and Scribd and again, although I see them as ePublication distribution networks, perhaps Mobileread is not the right forum for a discussion about them
is a personal statement about the copyright status of fan fiction eBooks for discussion
is about Mobipocket
is about Stanza and ePub

#1 and perhaps #2 might be best asked on the Lounge forum which I understand is for non-eBook discussion? #3 would I assume be of great interest to eBook users but since i am discussing copyright on the longe with #1 & 2, it would be best to go with them. #4 and #5 are, indeed, questions about conversion, although i would like opinion as to whether these two platforms would give the maximum penetration into the eBook user community for the effort of conversion - perhaps someone could suggest a more efficient method or platform?

I shall abandon this thread and split my query in two and post them on the conversion forum and the lounge. You may lock this thread if you wish.

Thanks for the suggestions

K

DaleDe · 11-30-2008, 05:58 PM

Hi Kirok

I should mention that I found out about the rules when I did upload a fanfic to this group (A HP one). I do appreciate the eBook aspects of this format and, while we don't permit uploads you can talk about it and post links to other sites. It is a perfect suitable topic.

Dale

Kirok · 12-01-2008, 03:42 AM

Quote:

Originally Posted by DaleDe

Hi Kirok

I should mention that I found out about the rules when I did upload a fanfic to this group (A HP one). I do appreciate the eBook aspects of this format and, while we don't permit uploads you can talk about it and post links to other sites. It is a perfect suitable topic.

Dale

It's I who should apologise, Dale, if you felt that there was anything personal in what I posted. I get a little passionate about my cause sometimes.

If we do this right there is the possibility that we could open up new connections between fanfic writers & readers as well as increasing the popularity of eBooks in general which will benefit the professional market

... I get it wrong and I get a wrap across the knuckles and S&S alienate their fanbase. A win-win situation changing into a lose-lose scene!

Cheers

K

PS I'm thoroughly enjoying "The Final Refection"!

Amalthia · 12-01-2008, 03:50 AM

Last time I checked legally speaking fan fiction is a transformative work and protected under fair use?

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11-28-2008, 11:13 PM	#1
Kirok Enthusiast Posts: 38 Karma: 40616 Join Date: Feb 2008 Device: iPaq	Fan Fiction as eBooks I'll explain my project first and then I'd like some general advise on my course of action. I'm a Star Trek fan who writes under the name of Kirok of L'Stok and over the years I've written for, edited and published various newsletters and fanzines as well as organised various online events which has solidified into one I've been doing for the past two years called "The Twelve Trek Days of Christmas" (2007 and 2008) where over twelve days I organise twelve "giveaways" of various types to do with fan productions. Last year I publicised the work done by fans in fan films, paper models and gaming as well as doing an independant series of podbooks/audiobooks The position of fan productions in popular media is changing but we still live by the grace of the copyright owners. Every production, whether it's a written fiction, a fan film, an audio drama or a music video has a disclaimer to the fact that the writer or producer does not exercise any legal right over the intellectual property that the copyright owners lay claim to. If you want to pursue the topic further I've got gobbins of stuff about it on my fanzine, Acrux. Recently I was made director of publications and media at TrekUnited and this gave me some pretty nifty connections and resources so I decided that this year we would seriously break some new ground by expanding the publication of Star Trek fan fiction into ePublications. Up 'til now fan fictions have been posted on message boards like the venerable alt.startrek.creative, lodged on archives like TrekFiction.com or published, piecemeal, on forums like our own on TrekUnited. This makes the fan fiction community pretty close-knit and friendly but it isn't really reader-friendly. Technology-wise it's sort of like using a nailgun as a hammer or correcting your word-processing mistakes with "white-out" on the monitor! In other media fans have embraced technology and now have access to the worlds of cinema, animation, comics and computer games to combine their fan experience with their creativity to achieve some pretty impressive things. Why not fan fiction, thinks I? Why not have them available as downloadable pdf's that can be browsed online using an embedded viewer like ISSUU? Why not make them available to the world over the Scribd network? Why are there no archives of downloadable eBooks that I can read on the train with my iPaq? If there is free five-minute fiction daily online, why isn't it common to see RSS used more? As far as I can see there are no insurmountable philosophical and technical problems that can stop this. I've been pimping for submissions for over a month now and so far we have six submissions in different stages of development. Basically what I'd like to do is to take a manuscript and ... Host and, depending on response, help arrange a cover graphic that can also be downloaded as a mini-poster Host a link to a "Print on Demand" ready pdf in A4 and US Letter. Host the book in an embedded Issuu browser, so that it will be available on the Issuu network Lodge the pdf on the Scribd network giving it a potential audience of 20 million monthly visitors worldwide! Link to a downloadable eBook in Mobipocket format. NB eBooks can be advertised on the free eBook forums. Link to a downloadable eBook in either eReader or Stanza (which uses ePub) both of which can be read on mobile phones like the iPhone. Here's the issues that i can see and i'd appreciate your input on them ... When I say a "Print on Demand" ready pdf, the main reason is because full-bleed graphics look better online as well as on paper. if a reader wants to take this file to a "Print On Demand" printer and get him to make up a hard-bound or paperback copy of it then he (the printer) is simply performing a service for the customer by processing the file given to him. The customer is paying for the printing service and there is no exchange of payment for the intellectual property of the book. Frankly I feel this is going to be a rare occurrence at the best of times. An author might want a copy of their book, a club might like to see a copy in their library, but beyond that? I've had no feedback from ISSUU or Scribd about their attitude towards fan fiction but, by the same token, I've not seen anything specifically against it either. ethically I can see no difference between us creating, hosting and making available for free an eBook copy of a fan fiction and a fan film, an audio drama or any other form of fan production - the only difference is in the media. As long as we make it abundantly clear that the authors and producers make no claim to the intellectual property of Star Trek, there is a clear precedent that we can follow. Technically, I've said Mobipocket because it's commonly used, I've used it and been happy with it myself and it's got a wide set of handy options including the RSS aggregator which I reckon would make a good message board reader once I iron out a bug (see seperate thread). Whilst both eReader and Stanza can give us access to iPhone (I'm betting on eBooks booming with them) I like the idea of making our fan fiction available in ePub which is, correct me if I'm wrong, a more 'open source' platform. ... and finally, what is the status of listing out eBooks on this forum? I've read through the pinned copyright discussions and, well, frankly we are in a no-man's land in that we are admit our lack of legal standing yet simply want to share our creative work without causing the copyright owners any loss of revenue. Let's face it, although there's some great fanfic out there, the chances that a reader will decide that he doesn't need to download a professionally published eBook because he can get fanfic for free is slim-to-nil! My own belief is that a strong fan production community is more like to open up new markets for the copyright owners and their licensees by "whetting the fan's whistle" for the Trek franchise than it is likely to harm it. I look forward to your feedback Cheers Kirok of L'Stok

11-29-2008, 12:19 PM	#2
DaleDe Grand Sorcerer Posts: 11,470 Karma: 13095790 Join Date: Aug 2007 Location: Grass Valley, CA Device: EB 1150, EZ Reader, Literati, iPad 2 & Air 2, iPhone 7	Fan Fics are not allowed in the eBooks section here at MobileRead. The reason given was that they are based on copyrighted characters and material which places them in a gray area of the law. Most often authors overlook this when the person writing the fanfic does not profit from the effort but occasionally someone will take issue with it. Good luck on your effort. Do not sell or profit from the effort or you might get the copyright police down on you. Dale

11-29-2008, 06:39 PM	#4
zelda_pinwheel zeldinha zippy zeldissima Posts: 27,827 Karma: 921169 Join Date: Dec 2007 Location: Paris, France Device: eb1150 & is that a nook in her pocket, or she just happy to see you?	i don't know much about fan fiction so i can't address most of your points, but since you brought up formats, yes, mobipocket is a very commonly used format at this time, and epub is the emerging industry standard. as you say it is open source and a very robust format specifically for books. in addition, it can easily be converted to other format (like mobi). it's an excellent format to create because it will allow for very good formatting, meta data and archiving, and converting it to other formats as needed is trivial. you make some very good points about exploiting the new technology in fan fiction as other media have done and i think you've got some very good ideas and it's an excellent initiative. good luck with your endeavour.

11-29-2008, 06:58 PM	#6
zelda_pinwheel zeldinha zippy zeldissima Posts: 27,827 Karma: 921169 Join Date: Dec 2007 Location: Paris, France Device: eb1150 & is that a nook in her pocket, or she just happy to see you?	if you want to make epub books, i recommend using the online interface at feedbooks (unless you prefer to handcode, which is of course also an option). if you don't want to publish your book through their distribution plateform, just make the book and then request a preview which you can save to your computer. feedbooks can also create a mobipocket file so you don't have to do the work twice. edit : take a look at their help pages which will explain some best practices for publishing epub books, and give you some useful info about book structure.

11-30-2008, 05:35 AM	#9
HarryT eBook Enthusiast Posts: 85,544 Karma: 93383043 Join Date: Nov 2006 Location: UK Device: Kindle Oasis 2, iPad Pro 10.5", iPhone 6	If you prefer to have it moved to another forum section (eg the "Lounge" forum), please just say and I'll move the thread with pleasure. It just doesn't belong in "Book Uploads", which is concerned specifically with MR uploads.

11-30-2008, 07:57 AM	#11
Nate the great Sir Penguin of Edinburgh Posts: 12,375 Karma: 23555235 Join Date: Apr 2007 Location: DC Metro area Device: Shake a stick plus 1	Kirok, do you think this would fit better in the "Format Conversion" subforum?

11-30-2008, 05:58 PM	#13
DaleDe Grand Sorcerer Posts: 11,470 Karma: 13095790 Join Date: Aug 2007 Location: Grass Valley, CA Device: EB 1150, EZ Reader, Literati, iPad 2 & Air 2, iPhone 7	Hi Kirok I should mention that I found out about the rules when I did upload a fanfic to this group (A HP one). I do appreciate the eBook aspects of this format and, while we don't permit uploads you can talk about it and post links to other sites. It is a perfect suitable topic. Dale

12-01-2008, 03:50 AM	#15
Amalthia Wizard Posts: 1,158 Karma: 32196 Join Date: Jan 2007 Location: Anchorage, AK Device: Sony Reader PRS-505, PRS-650, PRS-T3, Pocketbook HD2	Last time I checked legally speaking fan fiction is a transformative work and protected under fair use?

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