Understanding The Legal Ramifications of Fan Fiction
from the creating-for-fun-not-profit dept
Fan fiction is one of those areas that treads that fine line between what some people find to be fair use and others find to be infringing. These derivatives of the original work often take form in ways that the original creators did not intend, expect or find reasonable. When it comes to some creators, fan fiction is something to be embraced, but some also feel that it violates their copyright. So with such murky water in this area, how are fan fiction writers to know if their creative work is fair use? This is where Rebecca Tushnet comes in with an interview with Reason.
In this interview, Rebecca highlights the ways in which many companies have accepted fan fiction and other fan created derivative works as a necessary part of getting consumers to engage with the content.
It takes a big studio to make The Avengers, but it doesn't necessarily take a big studio to write a piece of Avengers fan fiction. Big content companies largely recognize that fan activities are really good for them because they engage people.Additionally, Rebecca is a member of the Organization for Transformative Works, which helps fan fiction creators understand their legal rights and defend themselves in those cases where the original creator seeks to take down such works—something that happens far too often, even when the creator has shown support in the past.
Regardless of the potential legal ramifications, creators need to realize just how much of a cultural impact their works have on their fans. As people grow to love certain works, they seek to express that love by creating and distributing content that they feel expresses their fondness for it. What we shouldn't see, and what makes this organization so important, is creators lashing out at fans for being fans. Think about how ridiculous that sounds. Why would anyone want to punish a fan for nothing more than loving the original work or artist? Sadly, ridiculousness is not above the mindset of many people and companies. However, by embracing such fan creativity, not only are you fostering the overall community and culture that surrounds your work, but you are also allowing real and powerful growth. As more people find your work through derivatives, they will seek to support you as well.
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Filed Under: copyright, fan fiction, law, rebecca tushnet
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I don't care, I want IP laws abolished.
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wow.
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Re: wow.
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It's funny...
Nice to see that there's more articles about it than just what I wrote.
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Not that that's always a hard thing to accomplish....
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Don't say I didn't warn you. :)
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I've been reading fan fiction since 1972: we had to deal with barely readable mimeographed pages, we spent large sums of cash money for zines instead of browsing online and downloading free text, and we would often drag home from a convention a stack of zines weighing a good fifty pounds in an era before suitcases came with wheels attached. That was like bringing home a freakin' tree trunk in your suitcase! In the snow! Uphill!
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Anne Rice punishs theirher fans consistently by forcing any derivatives of their work to be removed completely from the internet and threatened to sue fans for copyright infringement. She even went so far as to cyber-stalking those who wrote fanfiction of her stories and attack them.
The attacks consisted of, amongst other things, e-mailed threats regarding not only the writing of fanfiction but any writing that any fanfic author attempted to engage in (regardless of who owned the copyright), attacks on businesses that the fanfic authors owned and weeks of harassing personal letters sent to fanfic author's e-mail addresses and guestbooks. Personal information about fanfic authors was also dug up by Anne Rice employees and used as part of the harassment.
There are other authors who ask not to have their works used (Nora Roberts, PN Elrod, Laurell K Hamilton, and Terry Goodkind for examples) but I've never seen anyone else so hard pressed to punish their own fans as Anne Rice is.
[Suffice to say, I'm no longer a fan of her works, and I've sold every book that I once owned of hers.]
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It's time to start bitchslapping the publishers and authors, telling them "Once you release something, other people have the right to use your characters as long as: 1. They aren't getting paid for it (or only server costs) and 2. They make it very clear that they are not the creators of the characters."
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What they really mean...
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Also I'd be really pissed off if my my little pony fanfics were taken away. >:C
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What is the deal with FiM and it having a male fanbase of 13-35 anyway? Never watched it because of the fact it's my little pony.
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As to why I like it? Idk, but there's plenty of reviews online that explain why other people like it so much.
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More on topic, as someone who would love to make a career as a writer, I hope that I never slip into the dark side and become like these people. Fanfics and stuff aren't just great practice for aspiring writers, they're also a sign of how much people enjoy your work and want to explore and share it on their own. :)
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http://www.tigsource.com/2012/07/25/preview-fighting-is-beautiful/
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I don't personally get deep into the FiM fandom (I'll look at fan art and check up on FiM-related news every other day or so), but I enjoy the show, and I've tried to get a few friends who enjoy animated shows to watch it.
I watched the show with an honest, open mind -- and I received a fun, uplifting show in return.
What more could I ask for from a "kids" show about talking technicolor ponies?
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Also, you've given me details on why I should at least give FiM a fair shot. Good jerb sir.
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Lauren Faust designed FiM with this goal in mind.
She succeeded, without a doubt.
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and here is a sane response to fanfic
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Yay for fannish jargon! \o/
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Copyright
It simply does not. Your ideas do not belong to you, neither does your imaginary world, your invented characters, or the concept of the story you wrote. You've only got a monopoly on YOUR EXACT WORK. And nothing else.
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Kinky sex
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