Fan Fiction Questions

[secrets2729]

I have a few questions about writing fan fiction that I hope some of you can help me with.

Are there any copyright issues with this? I have an idea for one, possibly a few, based on a few of my favorite literary characters. If, for some crazy reason, the author of the book series happened to be wandering around on Literotica and found my story, could she do anything to me? Or is it okay since I'm not paid for it?

Probably silly questions, but I'm new to this and don't want to make a mis-step. Any help would be greatly appreciated!

 

[OhMissScarlett]

I have a few questions about writing fan fiction that I hope some of you can help me with.

Are there any copyright issues with this? I have an idea for one, possibly a few, based on a few of my favorite literary characters. If, for some crazy reason, the author of the book series happened to be wandering around on Literotica and found my story, could she do anything to me? Or is it okay since I'm not paid for it?

Probably silly questions, but I'm new to this and don't want to make a mis-step. Any help would be greatly appreciated!

All celebrities stories on Lit are posted with the following disclaimer:

The stories in the "Celebrity" section of Literotica are all fictional parodies - none are true, nor are they approved of by the celebrities named in the stories. Authors write these fictitious stories about famous people for the same reason that Larry Flynt made fun of Jerry Falwell, because they can. The Supreme Court of the United States, the country where this site is located, has ruled that parodies involving famous people are perfectly and totally legal under the United States Constitution. The specific case law on this was decided in the case of "Hustler Magazine, Inc. et al. v. Jerry Falwell" in 1988. No harm is intended toward the celebrities featured in these stories, but they are public figures and in being so, they must accept that they are fair target for parodies by the public. We believe in the first amendment, and more broadly, in the basic principle of free speech and this section may push the boundaries of that principle, but the United States Supreme Court has approved of this type of material. We believe that the Supreme Court was correct in their decision.
***
The only author I've ever heard of going after fanfic writers (and it wasn't an author on this website) was JK Rowling. Apparently, she's not a big fan of HP fic. Others might know of some incidents that I don't know about. There's a whole world of fanfic out there on the internet. I've never heard of anyone here having problems.

ETA: I would think that authors would only take real issue with those who would profit from the use of their characters.

 

[Guest]

IANAL but , the Flynt precedent seems to me to cover stories about real people who are celebritys. Where I think people in Fanfic skate the law is writing stories using someone else's characters. Ginger/Gilligan, Hans/Leia do not seem to be protected.

On the other hand, no one seems to have objected and have those kind of stories removed from Lit, except for the aforementioned HP.

I have thought about this because I've considered doing one like this.

 

[WarLordwrites]

I have a few questions about writing fan fiction that I hope some of you can help me with.

Are there any copyright issues with this? I have an idea for one, possibly a few, based on a few of my favorite literary characters. If, for some crazy reason, the author of the book series happened to be wandering around on Literotica and found my story, could she do anything to me? Or is it okay since I'm not paid for it?

Probably silly questions, but I'm new to this and don't want to make a mis-step. Any help would be greatly appreciated!

Greetings

On another site, MC Stories, they took down all the fanfic based on comic book characters, Marvel (super girl?!?) takes a very aggresiive stance but no action against writer just a removal from public view.

On the other hand, from what i hear, Zena et al welcomes fan produced stories.

Enjoy the journey

WarLord

 

[Stella_Omega]

So, if the "She" writer you're thinking about is JKR- turn it into Original fic. That usually means you have to add around 3,000 words to introduce your characters, you don't get to rely on the canon. It's a pain but it can be done...

How about Anne Rice, anyone know?

 

[Weird Harold]

I have a few questions about writing fan fiction that I hope some of you can help me with.

Are there any copyright issues with this?

Yes, there are copyright issues with writing fiction that uses other authors' work as a starting point, just as there are slander and libel issues with writing "celebrity porn" about real people.

Disney corporation, J.K. Rowlings, Anne McCaffrey, Marvel Comics, D.C. Comics, Lucasfilm, and many others are extremely jealous of their intellectual properties' "reputation" when it comes to Fan Fiction -- ESPECIALLY pornographic fan fiction; and all of them can afford more lawyers than you and Literotica combined.

In practice, there is no way to police the internet and stop all pornographic fan fiction, and the "Parody" precedent set by the Larry Flint case muddy's the legal picture to the point where you have to get really outrageous and/or really popular to attract the attention of protective copyright owners.

But, if you do come to their attention, a "cease and desist" request is the least you can expect -- Literotica does not charge for reading stories, but they do make money from the site and as the publisher and probable co-defendant they might well be the primary target of any legal action for posting your story.

A great deal depends on whose "universe" you intend to invade and the actual content of the story -- Just how much "damage" you do to the "reputation" of "family oriented" series? Disney and JKR are especially attentive to stories that might turn up on a search for their copyrighted characters' that are "inappropriate" for their target demographic of children.

The bottom line is that you should carefully consider writing erotic fan fiction -- especially if it's based on "Juvenile Fiction" -- but you're probably safe from prosecution simply because the sheer volume of stories on the internet.

 

[OhMissScarlett]

The bottom line is that you should carefully consider writing erotic fan fiction -- especially if it's based on "Juvenile Fiction" -- but you're probably safe from prosecution simply because the sheer volume of stories on the internet.

Well put. That's what I was thinking too. There's just tons of it floating around out there, more than I ever imagined, for sure.

Also I left this out in my earlier post... A lot of people who are concerned with legal issues write and post their fanfic in Live Journal communities and on their own blogs. This is a good way to get feedback, yet monitor the type of reader you're getting.

 

[WarLordwrites]

Well put. That's what I was thinking too. There's just tons of it floating around out there, more than I ever imagined, for sure.

Also I left this out in my earlier post... A lot of people who are concerned with legal issues write and post their fanfic in Live Journal communities and on their own blogs. This is a good way to get feedback, yet monitor the type of reader you're getting.

Greetings

At the sites I'm familiar with the publishers most agressive in their anti-fanfic stance seemed to be comic books!

Not sure why...

If you are not retelling super ummm "person", you are likely alright!

Enjoy the journey

WarLord

 

[secrets2729]

Thanks, everyone,

You've all been a great help. It's not JKR, (Janet Evanovich, no need to be mysterious, I suppose) so maybe I'm safe! And certainly wouldn't be against pulling my story if she asked me to; I love her books too much to piss her off.
I'm hoping as long as I can stay true to the characters and present my brief story in as tasteful a way as possible, it wouldn't upset her too much. Maybe she'd get a kick out of it.
Via Google, I've determined there is a lot of fan fiction based on Janet's books and no sign of trouble yet.

I would think fan fiction would be a great publicity avenue for authors as well, a way to gather new fans, perhaps? I don't think I would care (were I fortunate enough to be published) so long as the fan fic writer was true to the characters. Sort of a form of flattery.

 

[starrkers]

I add an extra disclaimer to mine - saying that the characters don't belong to me.
Don't know if it makes any legal difference, but I make it plain I'm writing as a fan, not a thief.