CharlesEBrown
Well-known member
- Joined
- Jul 23, 2024
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It's only theft if:Look I'm just a spoke in the wheel and I'm not here to fight. I know lots of people are trying to supplement their income with this activity (and hopefully it's not their ONLY income (shudder)), so to each his own and whatever they can live with and get away with.
But some aspects of this conversation aren't open to opinion. Fan Fiction is theft, just about everywhere. That's simply fact, and leaving my personal views on the matter out of it. This is why Anne Rice's publicists and lawyers can suspend and even shut down websites with a phone call. Harcourt Brace Jovanovich could shut down my fan fiction (Twilight) with a phone call, too. Even though I don't take "donations" for it.
And if they were ever to do that, I'd be perfectly fine with it. Let me put it this way: I would shut them down in a heartbeat, if the roles were reversed.
But honestly, it wouldn't take that much. For me, all it would take is a public Twitter notification from Stephenie Meyer that she wishes all the fan fiction could disappear. That would be it. I'd be gone. Poof.
1) You haven't done the legwork and asked the author or copyright holder for permission (some are flattered by the concept if you go to them FIRST - almost all are irritated at best if you don't).
2) A publisher owns the trademark and did not hire you to write new material for their character (this is why there can be multiple Superman, Spider-man, Batman etc. titles on the shelves, all by different writers - though the original creator - or, increasingly, their estate - gets a percentage, the publisher owns the character)
3) The owner has not released the material into the Public Domain (Bill Willingham did this to end a trademark dispute over The Elementals with Comico; also this is how books like the entire Flashman series - inspired by a background character in an 1850s novel - or Silverlock, which wanders through the Commonwealth of Fiction; i.e. several public domain settings - or a lot of the books in the Cthulhu Mythos can exist - either the property was released, or the laws let it expire)
So, it is possible to do fan fiction that is NOT theft - you just have to do some background work first (and probably avoid currently "in vogue" properties like Pokemon, Twilight, Naruto etc.) and either focus on properties in the public domain or get written permission first.