What Will This Do To Fanfic?

[Dannyblue]

I was going to post this in the fanfic section, but I think this is a topic that is actually more general.

Anyway, for those who haven't heard, someone wrote a novel-length Star Wars story that was published as a novel, and is/was being sold at Amazon, Barnes & Noble. As you might imagine, some are worried that this will make more of the owners of the "intellectual properties" we read and write fanfic about (like Anne Rice) start cracking down on the fanfic community.

Every time I think, "Ah, it won't make a difference," my brain tacks on, "But you never know."

What do you think?

[Lysa]

Yikes! Interesting topic.

Where is the legal line on 'unofficial' publications and an author's right to control their own creations in the public domain. I had heard about Anne Rice's issues against fanfic based on her characters, but this Star Wars example really brings it to a whole new level.

The author may have created her own AU version using George Lucas' creations, but she is making money off of it without his consent. To me, that is definitely worthy of a lawsuit.

It's one thing if a manuscript based on established characters is submitted to a company that has the right to a publish a series of novels. The original creator has already given permission of some kind for that to happen. And whether that is strictly a canon-based story or one with an AU twist would be left up to whatever submission criteria they've established.

This sounds like some fly-by-night publishing company is trying to make a buck by tying into an established money-maker.

You're probably right in thinking that a lawsuit could establish a precedent on publication of similar stories. Though I don't know to what degree an author could really pursue a suit against those of us who write & post true fanfic with no intention of getting anything out of it except a little feedback.

Reading & writing fanfic is probably one of the things that keeps various fandoms (including our own) vibrant. Clamping down on regular online fanfic would probably just be a shot in the foot for the original creators.

We've got some published authors here at ST. It would be interesting to hear what they think about the situation.

[Dannyblue]

Well, you've got three kinds of PTB. (Those who hold the rights to these intellectual properties.) Those who like fanfic, and even encourage fans to write it. (Like the creators of Smallville seem to.) Those who hate it with a passion. (Like Anne Rice, who doesn't want an fanfic based on her books posted online ever.) And those who are in the middle. They don't care about fanfic one way or the other. Or, even if they don't like it, they've decided not to make a fuss about it.

Then, something like this happens, and you wonder if some of those folks in the middle might not look at this case and decided they have to do something about the fanfic they've been willing to ignore up until now.

I just can't believe someone would do this. The first thing you learn in online fandom, even if you never, ever write a word of fic, is that, if you do write fanfic, you absolutely cannot try to make money off of it. You just don't. I wonder if this writer either missed this lesson, or somehow decided it didn't apply to her because her story is, as Lysa says, an AU. I mean, she kills off Luke Skywalker and Obi Wan early and offscreen. So, maybe she thought it was okay to use the universe of Star Wars as long as she didn't use the characters?

[Livvie]

Huh...I am really surprised that Lucas hasn't filed a suit against her. No offense to him but he does seem to really get upset when people use the SW universe without his permission.

And I am just kind of floored by this and it really gives other fanfic writers a bad rap. The whole point of fanfic is to express your love for your fandom. Its not about making money off it. If you can get a book published, why not get a book published with your own characters? Don't take someone else's.

I can say that this does have me slightly worried. Not so much for writers of fic from the Cordyverse because most of us know the quote about telling fans to go write fanfic. I don't think anyone from ME is going to crack down on fic writers on the net. But I can really see others doing it. (Like Anne Rice).

It kind of reminds me of Napster to be honest. How some bands totally made a huge fuss about it and some bands just didn't care.

I think that for right now, its going to stay the same. What its going to hinge on is how Lucas reacts to this. If he files a suit, then it could really get ugly. If he doesn't, well it gives hope to other fic writers out there that at some point they could be published and sold. I am not sure how I feel about that. With having to pay so much for everything else and so much money being made, I kind of feel that fanfic should be free and should be shared. Look at all the amazing communities that are around, brought together by a love of a couple or love of fic. It would be a shame if we were suddenly charge to read stories by authors we know and love.

[Dannyblue]

Apparantly, George Lucas and his people know about this. And are not amused.

But nobody's sure how they'll react. Will they just demand she stop selling the work and let it go at that. Or will they actually sue her. I'm thinking the former. Unless Lucas is really pissed.

And, apparantly, some guys put together a comic a while back. Lucas loved it, and called to tell them so. He also added (as a joke), "Just don't do anything that will make me sue you."

[samsmom]

Wow. This makes me feel so grateful to be in the fandom I'm in, whose creator (asshat that he is) encourages fanfic. Gave us free reign, and even peppered the later seasons of both shows with injokes about fanfic and slash. It could have been different.

::thinks of Anne Rice and shudders::

But this kind of thing has come up before, people wanting to make money from fanfic, and we're still around. Lucas might not tolerate this but I'm sure he's not totally unreasonable, and probably won't paint the rest of the fandom with the same brush. I do think, though, he should at least scare the tar out of this woman, so others will be *discouraged*.

I mean, jeezus, killing off the main protagonist?? Balls much?

[psychofilly]

I think this chick is a nutbar. She thinks it's okay to publish because no one will ever know about it (like that makes it okay) and yet, she's hawking it on her site and on Amazon and B&N.

I think anyone in the industry that sees her and reads her stuff will know she's a nutbar. She's had one too many e-mails of "tHis iz gr8t! Plz continue!!11!" and believes her own press.

If she gets sued, it will be her own fault. I say this as someone who dabbles in the gray side of fandom. ::hides Snakes on a Plane t-shirts:: But even at that, I took some precautions not to be in flagrant copyright violation, using royalty free stock images, and no images of any of the actors/logos associated with the movie. And the New Line folks are aware and encouraging of the grass roots advertising and profiteering going on.

As for what it will do to fanfic? I think there will be some angry grumbling, a little mudslinging, especially if she gets sued, and then back to the status quo.

[Dannyblue]

Originally Posted by Dannyblue

So, maybe she thought it was okay to use the universe of Star Wars as long as she didn't use the characters?

I've learned a little more about the book. Luke and Obi Wan do die, but it seems most of the other canon characters are still around. And, since Luke is gone, Leia has to be the hero. So the writer does use canon characters. I can almost see someone thinking that, as long as they don't use the characters, using the universe might be okay. Maybe. But I guess that's not the case here.

And the Anne Rice thing also makes me shudder. Although I kind of understand where she's coming from. It's a shame (since I would love lots and lots of vampy fanfic to read) but I understand. Still, I'm so happy most PTB don't feel the way she does, or take it to that extreme.

[Penny Century]

Fandom Wank, God bless 'em, have already taken this ball, run it through with a letter opener, and jumped up and down on it just to make sure ALL the air was let out.

As to what it will do to fanfic...uh, weed out the stragglers? Let's face it, this isn't a crackdown, it's Darwinism in action. I think the incredibly Q.T. response from LucasFilm will back me up on this.