[CDATA[ [47], J. K. Rowling has also complained about sexually explicit Harry Potter fan fiction. However, a prosecutor could conceivably use evidence of the fantasies you read in conjunction with other evidence to try to convince a jury that you had committed an actual crime. Author Cassandra Clare was a popular Harry Potter fanfiction author before she published her first novel. READING AND WRITING FOR THE DIGITAL WORLD. document.getElementById('enableRecite').addEventListener("click", function() { Validation is one of the most powerful reasons why books that started as fanfiction are appealing. To protect your privacy we'll log you out soon. may constitute trademark dilution. Is writing fanfiction illegal? 23 Apr 2023 02:34:37 In this way, the first three factors relayed here weigh for the trademark holder. We were rabid about putting disclaimers on everything.". In countries such as Russia and China, where copyright laws are more lenient or less well enforced, it is not uncommon to see fan fiction based on the work of popular authors published in book form[citation needed]. J. Sci. In 2007 two UC Davis Law School professors argued in the California Law Review that "Mary Sue" fan fiction "that challenge the orthodoxy of the original likely constitute fair use". Unlike copyright, however, trademark rights are not automatic. In an interesting twist, as a fanfiction author, I think that all writing is useful for honing writing skills," Gaiman has said. It creates an unoriginal work. Some authors allow it and even encourage it. Books sold by a publishing house normally have editors who read the contents and agree that a book is okay to be published. In Japan, the djinshi subculture is similar to a combination of the United States subcultures surrounding underground comics, science fiction fanzines, and fan fiction. Is writing fanfiction illegal? Here, the fanfic writer retains the setting of the original author as well as his storyline. Most fanfiction comes out of the restricted permission given to the public to criticize and comment allowed by equitable work. Once labeled "don't like, don't read" in the heyday of LiveJournal, many people now don't seem to heed warnings, even when properly tagged and sorted. OTW also maintains its own fan fiction archive, the Archive of Our Own, commonly called AO3. Fanfiction can be done from any workof fiction and sometimes even from nonfictional themes. However, some writers of fiction still dont appreciate it. Authors of fanfictionalso take to a greatextent from the fiction work. [37] OTW has since advocated the legitimacy of fan fiction due its transformative nature. In addition, as a consuming audience, fanfiction readers are generally sophisticated regarding works' status as fanfiction, and are aware that fanfiction is not written or endorsed by those who hold the trademarks. [48][49] However, lawyers on behalf of Ms. Rowling specifically noted that she has "no complaint about innocent fan fiction written by genuine Harry Potter fans"[49] and she "is happy for spin-offs to be published online as long as the publications are not sold and it is made clear she was not involved in the stories", under the condition that they do not contain pornography or racism. A lot of youtubers that are minors have this stuff written about them, just look at Minecraft. It's harder to argue the case for fanfiction that features objectionable content, since there is a legitimate risk to the author's reputation and brand. ", Ender's Game author Orson Scott Card originally considered fanfiction an unwelcome intrusion into his territory, but he now supports it. Martin has famously said of fan fiction: Its not for me. Writers like Neil Gaiman, JK Rowling, and Gene Roddenberry are generally in favor of fanfiction inspired by their works. March 23, 2015. Most federal and state statutes on this subject relate to possessing or distributing images of underage children, not descriptions of them. Commercial fanfic is legal everywhere that the source-work is in the public domain that's why we have Shakespeare in Love, Something Rotten, West Side Story and most of the Disney movies, includingThe Lion King, which is Hamlet fanfic, and about seven different variations of Little Women in this decade alone," Tandy says. Fanfiction writers try to make assumptions and speculations into what could happen next in the original fiction. Some fanfictions online are pornographic, involves rape, and even crosses the line into child pornography. Everything was great for a while; TBQ even won a contest run by Salon to write a fairy tale in Rice's style, earning her a tour and stay at one of her New Orleans' homes. What does angst mean in fanfic? Her lawyers have contacted many authors with cease and desist orders over this type of content. Fandoms fall apart, there's in-fighting, harassment, and more. Today, Rice has been outspoken in her distaste for fanfiction, in the same vein asGeorge R.R. They delve into saying things like, what if this action didnt happen. [55] However, in 2012, Metro reported that Rice has taken a milder stance on the issue: "I got upset about 20 years ago because I thought it would block me," she said. The fans of a particular person or theme put together make up its fan base, also referred to as fandom. These fan labors include writing fan fiction, creating fan magazines, drawing fan art, or making fan memes. While some encourage it, some respond with legal actions and threats. It is not illegal to read erotic fantasies, no matter how lurid, and even if they are fantasies about committing acts that would be illegal if done in real life. 2004. It's not illegal for you to watch porn or read fanfics under the age of 18. Episode fill: this is a modality employed by fanfiction writers to fill up what they assume to be a missing scene. They, therefore, helped create the content the site hosted. Fanfiction makes use of settings and characters curled out from an original work of fiction work. When does it apply to a person, and at what age? The character must also be unique enough to stand out as an original creation and have consistent traits. : Why Do People Write Fanfiction? Fanfiction.net is the world's largest fanfiction archive . ", Roddenberry said that he considered fanfiction, when crafted with love, as "the highest compliment and the greatest repayment that they could give us.". If you're making a profit or writing potentially offensive content, you may start falling into the territory of copyright infringement. The Organization for Transformative Works argues that most noncommercial fanfiction falls under fair use. We always love to hear what you think, and we make changes to improve Childline based on the things you tell us. I hope this has helped, thanks for sending this letter to me. The single website about any fandom associated with Anne Rice remained online for a time, but only with a note explaining where all the information and fanfiction had gone, plus a few choice words from creators in other fandoms who supported those who wrote fanfiction. Author Manuel Fernandez Manuel Fernandez is a multifaceted author whose creative journey has taken him through various genres, Percy Jackson and The Olympians is a series that many fans of Greek mythology or adventure stories will, Stephen King is a prolific and popular author of horror, suspense, and science fiction novels. Other writers have consistently disapproved of the genre. Of course, many creators do not want to be sent fanfiction out of fear of later being accused of stealing ideas from fanfic. Fan writers who argue that their work is legal through the fair use doctrine use specific fair use arguments in the context of fan works, such as: OTW is also not the only organization to support the idea that fan works are transformative. In fact, fanfiction advocates argue that not only do fan works not deprive the author of any income but may actually increase public interest in their books. Fanfiction, commonly abbreviated as fanfic, fan-fic, ff, or fic, is a fictional piece of writing written by fans. However, Pratchett emphasized that the Discworld and all its characters are ultimately his intellectual property, and stressed that "it is not a franchise". In addition, a significant amount of fanfiction is created in the United States. Create an account, send a message to Childline and get a reply within 24 hours. They may request that fan-fiction archival sites remove and ban any pieces of fan fiction based on their original works. Some settings, characters, and plot concepts are copyrighted. Fanfiction is defined as the use of characters and expressions from original creative work and the creation of derivative works, all illegal under applicable copyright laws (McCardle, 2003). [5] In the case where a copyright owner chooses to exercise their exclusive right to prepare derivative works against a work of fanfiction, they can sue the fanfiction writer for copyright infringement. Significant amounts of copyrightable creative works such as motion pictures, television programs, music, and computer gaming works are produced in the United States. While many authors (for example, Neil Gaiman, J.K. Rowling, D.J. No legal advice is given here. Copyright entails the exclusive rights given to the author of original works. Generally, no one really goes after fanfiction writers and readers as long as the work isn't monetized. Fanfiction has operated within a legal gray area for years. ", However, when authors or any other fan creative gets a DMCA takedown notice, Rosenblatt suggests that they not panic. Fiction makes your mind flabby. In Salinger v. Colting, the New York Times[43] and other major media conglomerates filed an amicus brief supporting Colting's book, as did the Library Copyright Alliance.[44]. [11], The case was vacated and remanded by the U.S. Court of Appeals for the Second Circuit with orders to apply the eBay v. MercExchange test in determining whether publication of a work can be prohibited on a theory of intellectual property infringement before the case has gone to trial. If I were a young writer, Id want to own my own ideas. Fic of public domain sources is legal, period. The court explained that the use of a name or likeness is not transformative for right of publicity purposes when it "is used solely to attract attention to a work that is not related to the identified person. The writer adopts trademarked settings, characters, or some other abstract elements from the primary author. For these reasons, although every nation's law is different and different laws may apply to different works of fanfiction, U.S. law is often centrally relevant when determining the legality of writing and/or sharing fanfiction. Essentially malicious compliance: Anne didn't want this part of the online fandom, so now she wasn't going to have an online fandom.". Under the Lanham Act, a trademark is "any word, term, name, symbol, or device, or any combination thereof" used in commerce to identify a service or good. ", "Star Wars - Fan History Wiki: The Fandom History Resource", "TUESDAY September 18 & a WRITING CONTEST OPPORTUNITY", "The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014", Katyal, Sonia. Also noteworthy is the series of Darkover anthologies published by Marion Zimmer Bradley, beginning in 1980, consisting largely of fan fiction extended into her canon. Copyright cannot be applied to ideas, concepts, facts or other broad principles regardless of whether they are expressed in a tangible medium or otherwise. And it's also not illegal to sell written sexual stories to someone underage, like it is for some kinds of porn. The site also hosted some of the early internet fanfiction based on Rice's novels, mostly of a speculative sort, wondering what would happen in the next books. Use tab to navigate through the menu items. [42] While OTW provides a centralized netspace for fans to acquire knowledge and aid regarding their own creative works, and a voice for the fan community, it does not represent all fans. He said: "You have to invent your own characters, you have to do your own world-building, you cant just borrow from Gene Roddenberry or George Lucas or me or whoever.". The fanfiction writer can write his fanfic with its setting as a different universe from the original writer. AU: AU refers to alternate universe in full. "[1] Such works of authorship include but are not limited to literature, music, plays, pictures and architectural works. You should be working on your own book right now., Other writers have consistently disapproved of the genre. With the rise in fanworks of all sorts, many content owners have been proactive in providing guidelines. 2d 829 - Dist. Check out never-before-seen videos, exclusive interviews, and much more! You can check out other Childline pages, videos and games while you wait. Under U.S. copyright law, the legality of a given work of fanfiction will depend principally on three legal doctrines: (1) copyrightability of the underlying source work; (2) the derivative work right; and (3) fair use. "[14][15] Campbell had already established that the greater the transformative value a work held, the less important the other factors in the fair use test became. Harry Potter author JK Rowling is generally positive toward fanfiction, but she draws the line at erotic content and other subjects that might be damaging to her child-friendly brand. [21] Nominative fair use is often particularly relevant to fanfiction, since a fanfiction writer's use of trademarked names, settings, etc. All properties discussed are credited to their respective creators. "Hasbro and Star Trek have guidelines on the internet that set forth what fans can do without worrying about being sued," Heidi Tandy, an intellectual property attorney as well as a member of the OTW legal committee, explains. Bradley read something in a fan story that meshed well with a Darkover book she was currently writing, so she wrote the fan author, Jean Lamb, offering her "a sum and a dedication for all rights to the text." One question they get often at the OTW is whether they, a fanfiction author, actually have a copyright to their work. Every fanfic writer has his or her unique reason for writing fanfiction. Due to the ongoing nature of television production, some television producers have implemented constraints, one example being Babylon 5 creator J. Michael Straczynski. Yale Law Journal 114:53590. Credit: The Organization of Transformative Works. Is Fanfiction Illegal? In short: Don't like, don't read. Im like, go write your own story. Link your TV provider to stream movies, full episodes, and live TV. They want to make assumptions about what could have happened if certain situations were different and certain conditions were different from what the original writer has pictured. These writings are also commonly posted on the internet. Posting things online is a completely separate process from writing them - there are loads of things which it's perfectly legal to do in the privacy of your own home but illegal to do in public. The law uses several tests to determine if a character is unique enough to qualify for copyright. These extractions made from the original work serve as the basis of fanfiction, Fanfiction works can go from some sentences to a whole, A fan can also be called a fanatic. I read every single letter but I can only answer a few each week. Some companies like CBS[65] and Lucasfilm Ltd.,[66] which had been historically hostile to fan fiction, changed parts of their model in order to be more fan friendly. An individual shows strong absorption or approval for somebody or something. Fanfiction is defined by the use of characters and expression from an original creative work and the creation of derivative works, all of which is illegal under current copyright law (McCardle, 2003). "[4] A derivative work is any work, including fanfiction, based upon one or more preexisting works. Fanfiction in its originality can be said to be a violation of copyright laws. Fan-fiction is also not usually published. White prevailed under California law on the theory that although Samsung had not used her name or likeness, it had used a recognizable depiction of her persona without permission for its commercial gain. Whatever the particular reason, it is imperative to know that it is person-specific. Fan fiction hosting sites like MediaMiner and Fanfiction.net have lists of authors whose fandoms are prohibited from their sites. Rowling was concerned that the works could be too convincing and some readers might believe it is genuine canon material written by her. Why not ask the counsellor you chat to about this? Recently, she has changed her stance to allow nonprofit fan fiction of her works so long as the fan fiction is licensed as a derivative work and uses a Creative Commons license.[54]. No copyright owner has to allow fan fiction or even tolerate it. To say she was a major fan and a large presence in the Anne Rice fandom would be no understatement. Trademark "fair use" differs significantly from fair use under copyright law. "I think that all writing is useful for honing writing skills," Gaiman has said. How well known and distinctive the mark allegedly being infringed is; How similar the infringing mark is to the original mark; How similar the allegedly infringing goods or services are to the markholder's goods or services; Whether the infringer intended to deceive the purchasing public or to trade on the good will of the markholder; The level of sophistication of those persons or groups likely to be the consumers of the mark; Whether consumers were actually confused as to the source of the goods or services. Thus, trademark rights may arise when a fictional character's name or likeness may serve to identify the source of an entertainment product or related good. To have copyright protection under U.S. law, a work must be an "original [work] of authorship fixed in any tangible medium of expression . The laws around pornography cover how it's made, its contents and who it can be sold to. MacHale, Stephenie Meyer, and Terry Pratchett) do not take issue with authors of derivative works, a number of authors do. to identify characters, story settings, etc. ", "Amici Curiae brief filed on behalf of The New York Times and various other media organizations", "Search Publications - Association of Research Libraries - ARL", "Fanfiction Publishing Rules and Guidelines", "Authors/Publishers Who Do Not Allow Fan Fiction", "Cease and Desist Notice for pornographic Harry Potter Fanwork", "Rowling gives OK for online Potter sequels", "Re: The infamous Marion Zimmer Bradley case", 20010319093259.04213.00001682@ng-me1.news.cs.com, "George R. R. Martin is wrong about Lovecraft", "How fan fiction is conquering the internet and shooting up book charts", "What ever happened to Niven's Known Space? All fan fiction on the site is recognized as non-profit derivative works. Fan-fiction is fast becoming popular, and many original authors are beginning to get comfortable with the idea. That's why it came as quite a shock when she was the first to receive a cease and desist from Rice's lawyers. My replies are published here on my page. Fanfiction.net. Want to keep your visits to Childline private? This may sound rude and elitist, but honestly, it's not easy for us to get it right sometimes, and weve been living with these characters. "Different places have different laws about what subjects are legally acceptable to include in a work of publicly available fiction," Rosenblatt says. "Educating people about that helping them understand why intellectual property law doesnt stand in the way of what they want to do is part of our work." Anne Rice objected to fan fiction based on any of her characters (mostly those from her famous Interview with the Vampire and its sequels in The Vampire Chronicles) or other elements in her books, and she formally requested that FanFiction.Net remove stories featuring her characters. Many of the autofill suggestions were negative, filling in the blank at the end of "is writing fanfiction ___" with things like "a sin," "illegal," "weird," and "embarrassing." It baffles me that after all this time, people still wonder if writing fanfiction is bad, or wrong, or simply a waste of time. [30] Despite the ruling in White, courts have shown hesitation in other suits to shut down even commercial artistic pursuits based on the right of publicity. [67] Those fans seem to be increasingly in the minority, as acceptance of such interference is tolerated because of the positives that can result. There are numerous websites where you can publish and read fanfiction, including Fanfiction.net, ArchiveOfOurOwn.org, and LiveJournal.com, to name just a few. The statement addressed concerns felt by many fanfiction authors that Tumblr Post+ could expose them to intellectual property law. Short answer: yes. Authors Meg Cabot (The Princess Diaries and Airhead) and Neil Gaiman (the Sandman series) have revealed that they've written fanfiction. This addition might eventually tally with the work of the original author. However, in reality, the reason as to why fanfic writers write fanfiction is dicey to answer. Thanks for waiting. One can make these types of works without necessarily getting direct approval from the original author. Some fanfiction is legal, but other fanfiction is not. You can ask me about anything you want, there's nothing too big or small. Salinger's The Catcher in the Rye. Copy this essay. There, Sylvester Stallone successfully pursued an action for copyright infringement against Anderson, an author who wrote a proposed script for Rocky IV, by proving that the copyright-protected characters used in the previous Rocky movies were central to the new script. Mercedes Lackey used to strictly disallow any posting of fan fiction set within her universes on the Internet, though she did allow stories to be published in approved fanzines with signed releases for each story. There has been no case law that squarely addresses fanfiction in relation to fair use. Find Out All The Answers Here, Is fanfiction Illegal? Create a free profile to get unlimited access to exclusive videos, sweepstakes, and more! Fanfiction is defined by the use of characters and expression from an original creative work and the creation of derivative works, all of which is illegal under current copyright law (McCardle, 2003). [3], According to current United States copyright, copyright owners have the exclusive right "to prepare derivative works based upon [their] copyrighted work. However, fanfiction writers generally do not intend to deceive the consuming public as to the source of the work, and often include prominent disclaimers at the outset of their works stating that the works are not the products of the original creators, both to honor the original creator and to prevent any possible confusion as to source. But adults who have ANYTHING sexually to do with minors are risking all kids of state and federal crimes. If you're making a profit or writing potentially offensive content, you may start falling into the territory of copyright infringement. Keep track of how you're feeling and why, it's a great way to let your feelings out. It creates an unoriginal work. Fanfiction in its current form is an infringement of copyright. They can also choose to use something different or add theirs to work. His family owned a small bookstore throughout his early childhood, and he would spend weekends flipping through book after book, always sure to read the ones that looked the most interesting. Whether a fanfiction work trespasses the copyright laws of the original author is determined by its jurisdiction. Under U.S. copyright law, the legality of a given work of fanfiction will depend principally on three legal doctrines: (1) copyrightability of the underlying source work; (2) the derivative work right; and (3) fair use . It's not bad or inappropriate to read fanfiction and anyone who tells you otherwise is gatekeeping. RPF is almost certainly legal in every case in the US. Current federal trademark law follows the Lanham Act, otherwise known as the Trademark Act of 1946. It isn't often pretty. Fanfiction in its current form is an infringement of copyright. Some authors don't Fan-fiction has become kind of a mixed thing for me. To prove infringement, an owner must present evidence establishing that the accused has copied protected elements of the original work. Steve and I do not sanction fanfic written in our universes; any such work that exists, exists without our permission, and certainly without our support."[57]. Niven responded by denouncing Sternberg's story in the introduction to Man-Kzin Wars IV (Baen Books, 1991) and issuing a cease-and-desist for copyright violation. Firstly, the fanfic author might want to speculate on whats yet to happen in a book series or movie series. Fans may decide to convey their passion in many diverseways. [19] As such, the last three factors tend to weigh in the direction of fanfiction writers.
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