Fan Fiction

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I've just viewed a movie that I thought had a lovely premise but suffered from weak science, poor film editing, and recovered only about half the costs in the box office. "The Space Between Us".

I do so want to write a Fanfiction story that rounds the story out, but the more I look at doing it the more sinister the penalties seem.

I think I see quite a lot of it here that is Fanfiction based on video games.

I wonder how the authors stay out of trouble?

Gwen

Comments

Money

It's all about money. If you don't take money from them, or make money off of their story, they aren't going to bother you. Else, places like fanfiction.net would not exist.

Having said that, I don't write fanfiction. I just note that it has become a whole lot more accepted. If you want to write it, I recommend going to fanfiction.net and looking for articles or discussions about how to do it without getting sued.

If I wrote commercial fiction, I would positively encourage fan fiction. After all, I might just pick up more readers that way.

But like I said, consult with the actual purveyors of the art.

wot he said

Maddy Bell's picture

Ray has covered the main bases.

I have enough trouble writing in my universes let alone tackle someone elses but there is a whole raft of Gaby fanfiction for example.

One way to escape some potential ire is to change names/places but also to include a disclaimer stating that it is fanfiction and acknowledge ownership of the characters/plot.

Mads


image7.1.jpg    

Madeline Anafrid Bell

Also

dawnfyre's picture

with what both Ray and Maddy said, check the information about the original author / scriptwriter, some have a very strong stance against allowing ANY fanfiction.
Others allow it but have no intention of ever reading a word of it. ( so they can never lose a law suit where they "used an idea or plot from a fanfiction story" since they have never read said story. )


Stupidity is a capital offense. A summary not indictable.

Was about to put in my own two bits about fanfiction, but..

bobbie-c's picture

You know, I was about to put in my own two bits about fanfiction, but then I noticed that my comment was getting to be too long, so I decided to post it as a separate blogpost. Here's the link:

https://bigclosetr.us/topshelf/blog-entry/79550/real-score-a...

Anyway, if you'd rather not read that long blog, here's the summary of my points -

ONE - fanfiction is technically against copyright law, UNLESS the fanfiction is posted in a site based out of, or hosted in the States. That's because one can use Fair Use as their defense (because Fair Use is a doctrine that's part of US copyright law).

TWO - Authors very, very rarely litigate against fanfiction writers, because, if they do, they'd come off as selfish a$$holes, and would lose fans very, very, very quickly.

THREE - In the few cases where authors litigate against fanfiction writers, they only do because MONEY is involved. If the fanfiction writer isn't intending to make any money off of their work, authors/copyright owners will, most likely ignore the fanfiction or, in the case of writers like J.K. Rowling, would probably celebrate the fact that there's someone out there posting fanfiction of her work.

Anyway, if you'd care to read the particulars of my POV (and risk being bored out of your gourd), you're welcome to check out my extra-long blogpost. bday-face.png

 

Fan Fiction

Elsbeth's picture

As above, just put in that you don't own the characters.

It all depends on who is the owner and for some well know exceptions most authors are very flattered.

Is fearr Gaeilge briste, ná Béarla clíste.

Broken Irish is better than clever English.

Actually...

bobbie-c's picture

Uh, actually, such a disclaimer will help protect you from accusations of plagiarism, but it will not help protect you from accusations of copyright infringement.

My suggestion is that you put two disclaimers: (1) that you don't own the characters, plot, concepts, ideas, locations, etc etc. AND (2) that your work is just a fanfic, and you don't intend any kind of infringement.

These disclaimers will not completely insulate you, but they will help by a whole lot. That's because they speak to your intent.

You can even add another disclaimer: that you don't intend to make money off of your fanfiction. This will probably help even more.

 

Decided against a Fanfic

After the discussion, I have decided to just include what I wanted to do in a story that I have worked on for two decades. The story and characters are mine.

The answer is, and in full disclosure...

bobbie-c's picture

Well, it's your option, of course, as it's your story.

But I hope you are clearer about the topic when you asked, "I wonder how the authors stay out of trouble?"

There are literally millions of fanfics out there, and all you ever hear about are those very, very, very, very, very, very, very few that got into trouble, and they mostly got into trouble because of money. No one really pays attention to fanfics otherwise. Sure, there is an infinitisimally small chance that the author would be so AR or a$$holic enough that he would sue a no-name wanna-be fanfic writer like, say, me, but the chance of that's really very, very, very, very, very, very small.

So the answer, I think, to you question is perhaps this question: "why would they get into trouble?"

But - full disclosure, though - I have a handful of fanfics in Topshelf myself.

Peace!