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Messages - firegazer

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16
Author Craft / Re: Fanfiction - Good or Evil?
« on: May 29, 2007, 04:18:36 AM »
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Don't blame the messenger, but under copyright law it is indeed stealing. Most commercial publishers, including Jim Butcher's, have clauses in their contracts requiring the author to defend the infringement of copyright of their works, or the author can get sued by the publisher.

Actually, these days, copyright is very hard to lose period, and 'defending infringement of copyright' is only incredibly rarely the case. We have Disney to thank for that, probably, though I'd like to add that the Blackberry case was the most stupid and farfetched example of not defending copyright and still winning out in the end. I've been looking around to educate myself a bit more about the legal terms, in spite of my own ethical views on the matter, and have found that most fanfiction defenses try "Fair Use", though not all. The terms considered under fair use by a judge include, but are not limited to or absolutely required:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
Unclear here. Fanfiction is not for profit, and it certainly isn't commercial, but saying it's educational would be pushing it unless you were asked to write a 'what happens next' English assignment.

(2) the nature of the copyrighted work
At my best understanding (and obviously, I can be wrong) this is usually more enforced with tangible products and designs than with 'ideas'. There have been some very stupid exceptions, most notably with the Blackberry case.

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole
Fanfiction literally uses absolutely none of the original manuscript, except for names and places. If we're talking figuratively, someone's going to have to have fun legally defining it. I'm certainly not going to attempt it myself.

(4) the effect of the use upon the potential market for or value of the copyrighted work.
I couldn't tell you whether there's a professional study that's been done to gauge the effects of fanfiction on market value, but in every bit of my own personal experience, I must say that it can only be a positive thing for someone's works (as a whole, not a single, specified fanfic).

There are problems with the fair use defense, especially as fanfiction isn't all parody, and as most of it is not for any nonprofit organization or for schooling. But using a more ethical thought, instead of a legal one, fair use does seem to sum up exactly why we have copyright laws - the reasons behind their existence. Almost everything there leads me to believe that a court would absolve a peniless fanfiction writer under fair use. Again, I may be missing something, and again, people can always surprise you. We all know how wishy-washy the Supreme Court can be about free speech (or we should, if we took our government courses), and a detrimental ruling wouldn't necessarily surprise me if it ever reached them. I do know that lesser courts have ruled both in favor and against fanfiction, at times, but that the 'against' rulings have mostly been in very obviously stupid cases (such as, "I'm going to publish my sequel to this author's novel because mine is BETTER!" - yes, this was an actual case, and the stupid woman lost it, as she should have).

I'm afraid this is a very tenuous argument for my usual standards right now, but I'm currently exhausted and sunburned, and I haven't had near enough time to get you some links and citations, etc. I'd appreciate if you'd gently correct any glaring errors that you catch, and respond as best you can.

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To Firegazer, I apologize if my comments seemed judgmental, I did not intend them to be.  After reading all of your comments and other postings, I am coming to realize that I am not understanding the communities created around these fanfic sites.  I am 'hearing' you say that it is a place where you may share your ideas, that you do not make money from the sites and that it is a place where you can improve your craft.

Oh, I'm almost certain that I overreacted, reading it back over again, and I'll sheepishly apologize for that. It's a very strange thing to be having a polite debate about this after so long, and I honestly appreciate it. I'd absolutely be willing to keep talking with you about things outside here, so I can stop taking up everyone's venting space. :)

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There are people out there who will provide hard numbers for you on how once you have some level of name recognition as a published author, making stuff available for free boosts that recognition in hard sales figures.  "The original story being worth exactly what was paid for it" is in some cases provably wrong.

I actually did not know that at all! I find it very interesting and somewhat heartening, in fact. Thanks for sharing it!

17
Author Craft / Re: Fanfiction - Good or Evil?
« on: May 28, 2007, 04:35:31 AM »
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A story is worth a great deal, especially if it is your income.  Anyone who has actually written and struggled through a true manuscript would NEVER say that a story is worth less than nothing, published or not.

I think the problem is that you misread that quote - I was talking about a fanfiction story, not the original story - naturally, that's worth exactly what was paid for it. The reason a fanfiction story is worth less than nothing is that you make no money off it, and also invest quite a bit of time and effort into it. If you understood me correctly, and stand by your statement, then I must feel very taken aback by your last comment - it implies a very ad hominem attack, which is to say that you're inferring I'm not an honest writer. I've been writing since I was able to put two words together, and I've put most of my life into it. Even if I am not a perfect writer by your standards, I've still put in the work, and I put more work into it every day. Perhaps I'm taking your statement the wrong way, but it didn't come off very nicely. Again, perhaps I'm in the wrong there.

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As I said if you are using it in private to learn, great.  If you are putting it out on the internet, which I consider to be the same as publishing you are "taking" the property of others. Perhaps someone with more law experience could address the internet issue as I'm certainly not an expert on it.  I'm pretty sure that an e-book is copywrited the same as a paper manuscript?

An e-book would be something that you sell through a publisher, and therefore make money off of. No one sells e-books of their fanfiction. I'm not certain where people keep getting the idea that fanfic writers think they're able to sell their stuff, or that they think they're somehow better than the original author, but neither is true (except in extreme cases - and you can't judge an entire group by the fringes, for obvious reasons). Fanfic writers do not "publish" an e-book of their work. They usually put it on an archival site meant specifically for fanfiction, which means that someone out there is actually losing money on fanfiction by paying for the hosting costs. No one makes money off of fanfiction. Period.

As for the law issues, I've seen this debated many times. Fanfiction falls into a gray area in the law, not very well defined, if I'm correct. Most copyright lawyers and laws only bother with things that either make money off of someone else's ideas or somehow hurt what that person has already made, and fanfiction does neither. It is generally up to the author to say whether or not they like fanfiction because of this, and their wishes are supposed to be followed if they claim 'nay'. Authors who don't come out and state either way are generally assumed to not care about it. Perhaps that's wrong, but if they don't care enough to make a simple statement - anywhere, even on a blog or in a short email to ff.net - then people are going to assume it's all right.

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I really appreciate the quote from BolshevikMuppet, with which I thoroughly agree.  "The bad thing, however, is growing lazy and too accustomed to the simplicity that fanfiction writing provides us.  I, for one, have trouble coming up with my own in-depth characters, as for so long I've just borrowed other people's."  The challenge is to create those characters and do them well.  Applause to BolshevikMuppet!

BolshevikMuppet was making a very balanced statement, which I also applaud, but you're taking this quote slightly out of context. "The challenge is to create those characters and do them well" - as in, this is the only challenge worth talking about? Learning to write well, creating a mood, learning to use diction correctly - these are not entirely worthless. I would like to add my own personal experiences, which are obviously only one person's case - I have no problems making original characters, and I mostly learned by writing fanfiction. And, as I already mentioned, not everyone writes fanfiction in preparation to be an author. Some people really just enjoy writing fanfiction as a hobby, and that should be all right - you can't demand that everyone in the world take writing as seriously as a published author. We do need people who are good at other things too. (Who do I get to fix my dishwasher? I don't do it. I wouldn't expect the repairman to edit my manuscripts for me either, but who knows whether he writes fanfiction in his free time or not?)

You've been ignoring many of my other comments, possibly just because you didn't have anything to say either way on them. I think one of the problems of this debate is that we haven't outlined what exactly we're debating. Fanfiction in general? Fanfiction when the writer has asked you not to write it? Most everyone here agrees that you shouldn't write fanfiction when the authors says not to. If they say you can, then, do you still feel I'm stealing their furniture?

18
Author Craft / Re: Fanfiction - Good or Evil?
« on: May 26, 2007, 06:11:57 PM »
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Anyway, as a reader my only real complaint about fanfiction is when the author's take the established story(ies) and character development and toss it out the window because it isn't what they wanted.

Actually, I don't have too much of a problem with it, as long as it's not grotesquely stupid (such as Goth!Hermione or Emo!Harry... actually, the last might be canon, I correct myself). Even then, the point is that you can't say 'only good writers are allowed to write fanfic' - because how are you supposed to pick those out, or even enforce such a silly rule? As for alternate "ships", I actually rather like some of the weirder ones. After all, it takes a certain sort of talent to write something crazy like "George/Hermione" or "Oliver/Ginny" and make it not only believable, but entertaining. And, of course, we come back to the point that JK Rowling has specifically allowed her fans to write fanfiction. I think she might have a good deal fewer fans, even, if she said no. Most fanfic writers will respect if an author says no, but they'll see it as being a little needlessly paranoid, and their respect for that author drops some. One of the bigger jokes in the fanfic community is that Anne Rice says no to fanfiction - considering all of her stuff is highly derivative, and most of it really isn't that great.

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There are only two cases where it's okay to publish stuff using another author's characters: ...2. When the copyright owner gives advance permission or hires the characters out (Star Trek novels, Buffy comic books, etc.). If some fan wrote and tried to publish the untold episodes of Harry and Elaine's teenage years, or the classic love story of Thomas and Justine, then Jim Butcher would have every right to whack them on their pointy little heads with the big hammer.

I only know of a few total nutcases who have ever tried to publish fanfiction, unless you count free web sites and archives that are explicitly there for such things. And most of those archives will refuse to web "publish" any fanfiction for authors who have explicitly stated that they don't want anyone writing fanfiction for their works. No one makes any money off of fanfiction unless they're Tom Stoppard and "Rosencrantz & Guildenstern Are Dead" is the title. If someone does try to make money off of their baby fanfic, most of the rest of the ficcers roll their eyes at them and talk about how stupid they are on their forums. Some people even email them to mention that it's not legal. You can't ask much more.

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If you are using fanfic to learn in private, great! It seems one hell of a way to hone in on one part of writing, ie character or action or dialog, etc while borrowing the world created by another.  You JUST DON'T have the RIGHT to ever publish, share, distribute, or even have a friend or colleage read it without permission of the original writer.  It's Jim Butcher's grey matter, not yours.

There's a very big difference between stealing furniture (a common argument, which I really don't understand) and writing a derivative story. The furniture is worth something. The story is worth less than nothing, and by using it, you're not taking anything away from the author who wrote the original - in point of fact, you are advertising for them, in a sense. No one is going to read your fanfic and decide they don't need to read the original book. I have, however, read fanfiction from one of my favorite fanfic authors in a world I haven't ever heard of, and decided that I needed to get the original book from that. Howl's Moving Castle, for instance, I hadn't even heard of until someone on my f-list wrote a one-shot for it - I picked it up at the bookstore that following weekend and thoroughly enjoyed it.

In essence, there is a big difference between limiting a product and limiting a thought. You can, and should, stop people from stealing furniture. You can't stop someone from reading a book and going 'what if'? and neither can you stop them from writing a review of a book based on what they thought of it. It's a bit of an extention, but consider a fanfic a kind of positive review of a book - as in, I liked it so much that I wanted to try writing more of it.

Besides, how else do you think Harry Potter readers survive the long dry spells between books? I'd bet you a lot of money that there's a HP fanfic on quite a few of those readers' favorites lists. Dirty little secret. :) Mark it up as keeping up enthusiasm between book releases - another plus for fanfiction.


19
Author Craft / Re: Fanfiction - Good or Evil?
« on: May 23, 2007, 12:50:23 AM »
Fanfic is like anything else in the world - dependent on the person behind it. Unfortunately, we have a rather large amount of stupid in the world, so the vast majority of the people behind it are going to show through badly.

In short, as in the Harry Dresden universe: magic is neither good nor evil. It is a tool. (Yes, I am that geeky. No comments on that, please.)

As for the major arguments against it...

You can't be a writing elitest and say 'why not write something of your own' because not everyone wants to be a full-fledged author. Some people just watch a tv show or read a book and say "hey, I wonder what would happen if..." And if they later make the transition over to writing their own stuff because of this, that's all right as well. After all, we probably wouldn't have new writers if we didn't also have old writers for them to be inspired by. Fanfiction, though, is a hobby - and just like reading, or roleplaying, or even horseback riding, it doesn't need to have a purpose other than fun. That's what hobbies are for.

On the author's right to ban fanfiction: I agree. If you don't want people writing fanfiction, they shouldn't do it. But people shouldn't download music illegally either, and they do it anyway. Some things, you just can't help, and it's honestly not worth the expense it would take to track down one of your own fans and tell them off. And why alienate someone who loves your work that much anyway? (Then again, I happen to be terribly non-confrontational.) J.K. Rowling doesn't mind fanfiction, for example, as long as it isn't explicit - she's even mentioned that she looked through it some to see what the fans liked and didn't like about her books so far.

My personal opinion of fanfiction is positive. I've used it as an opportunity to develop random background characters, create new plots, and even try out very different writing styles and techniques. The best constructive criticism I've ever received has been from fanfiction, as I was lucky enough to find a very literary-minded group of 'ficcers' to help out. The difference between fanfiction and published material here is not to be understated - there's more people willing to read your fiction, as they already know they're interested in at least part of it, and there's less paranoia about ideas being 'stolen' (a ridiculous thought, but I suppose it's happened before). There's less stress, fewer deadlines, and the certainty of encouragement in the form of regular reviews.

In closing, I'd like to add that in my case, my fanfiction has not been a wasted effort at all. I have a very large, loyal base of readers begging me to tell them when my original book will be out so that they can buy it. If and when that book comes out (it's finished, and currently going through the submission long-haul), I will already have a convenient way to advertise it: on the next chapter of my story.

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