Is FanFiction Illegal?

[Shatnertage]

^ I can't even imagine Foucault fan fiction (I suffered through a lot of his work in grad school), but the thought makes me smile.

And yes, that fits my definition of fair use as well, and if you were writing a paper wouldn't be considered plagiarism, though if you were turning it in for a grade I'd want to see a page number and the proper citation.

 

[bigdaddy]

So, I write fan fiction, and I was curious to know just how bad I was being. I asked a few people online if fanfiction was copyright infringement, even if one had no intention of making money from the writing. I got a great resounded "Yes". They said that fanfiction presented a "competing product" to the original, thereby infringing on protected material.

How can it complete with the original if you aren't making money?

 

[Admiral Buzzkill]

Oh, and I like how you condemned me for "Cherry picking" and then do the same thing to my post.

Your post is just an opinion in a conversation, and everything in a couple of paragraphs isn't equally worthy of attention or response. That's not the same as rifling through pages of reference material to pick out a couple of things that taken out of context can be made to appear to support a position that they do not.

But what would happen if Paramount suddenly changed their minds about fan productions? They'd have a lot of lawsuits on their hands, although they'd win most of them.

Precedent says that they'd win them all, except for the occasional instance where a lawyer made a case for parody (and there is very little in the genres of fan fiction or films that is truly parody, although many presentations are not meant to be taken seriously - parody is not defined as "this guy thinks he's funny").

Studios and publishers have gone after this kind of thing in the past - they simply shut it down for as long as they continue to pay attention to it.

I think a lot of fans would be disgusted however, and that would be a huge problem, a lot bigger than any perceived profit loss. I say perceived because I don't think it's there but whatever. So part of the issue is that it would cause a massive uproar with the fans if TPTB no longer allowed it.

Fan fiction is not consumed or noticed by a "massive" or even "a lot" of fans as those numbers have meaning to an organization like Paramount. Neither 20th Century Fox nor "Buffy The Vampire Slayer" as a property suffered any noticable harm when the studio went after the webmasters a decade ago, nor would they now.

 

[Goliath]

^ I can't even imagine Foucault fan fiction (I suffered through a lot of his work in grad school), but the thought makes me smile.

Actually, IIRC, Foucault himself described his books as novels, of a sort.

So it might be argued that Foucauldian "scholarship" is fan fiction.

Now that I think about it...that sounds like a good idea for a conference paper...

Nah.

And yes, that fits my definition of fair use as well, and if you were writing a paper wouldn't be considered plagiarism, though if you were turning it in for a grade I'd want to see a page number and the proper citation.

Michel Foucault, Discipline and Punish: The Birth of the Prison, trans. Alan Sheridan (Vintage Books: New York and Toronto, 1995), 82-3.

 

[Kaziarl]

Oh, and I like how you condemned me for "Cherry picking" and then do the same thing to my post.

Your post is just an opinion in a conversation, and everything in a couple of paragraphs isn't equally worthy of attention or response. That's not the same as rifling through pages of reference material to pick out a couple of things that taken out of context can be made to appear to support a position that they do not.

As I already said, I quoted sections that directly talked about fanfiction within the whole article, which fits with the context of this discussion. I also linked the article so people could read the whole thing themselves if they were interested. When you brought up the claim that fanfiction under fair use was not addressed in the court systems, I gave references from that same article showing otherwise. So, again, I'd like to know how none of that has anything to do with this conversation?

It would also seem that you are trying to put words in my mouth. Insinuating that I am claiming fanfiction is completely legal under fair use. I have not once said that. I first stated that, to my knowledge it could fall under fair use. Then, when told it doesn't, I looked up the article you seem to have an issue with, quoted sections relevant to this conversation showing that it has been looked at under the fair use doctrine, and even said there is some debate about it, and that it generally falls to the copyright holder to make the final decision. So, quite frankly, I'm not sure what your problem is with what I've said.

 

[Nerys Ghemor]

So, I write fan fiction, and I was curious to know just how bad I was being. I asked a few people online if fanfiction was copyright infringement, even if one had no intention of making money from the writing. I got a great resounded "Yes". They said that fanfiction presented a "competing product" to the original, thereby infringing on protected material.

How can it complete with the original if you aren't making money?

In an indirect manner--if the fanfic is good enough, what it can do is shrink the available market for tie-in literature. I myself rarely buy official Treklit anymore, because I think that there are fanfic authors out there who are offering a better product and at no charge.

As to the shows, movies, DVDs, and other types of merchandise, fanfic is fuel to my fandom. So really the question depends on if you're a Treklit publisher, or not.

 

[JarodRussell]

On the making money part... how illegal is it to post fanfiction and add a "Donate" button at the bottom of the page?

 

[Bry_Sinclair]

Technically, it's illegal. Nobody will ever bother to enforce it though.

As for the poll options... it causes no damage.

Would totally agree.

 

[kes7]

On the making money part... how illegal is it to post fanfiction and add a "Donate" button at the bottom of the page?

I wouldn't ....

 

[BolianAuthor]

It's illegal if you make money from it without being a published Trek author. Technically any mention of anything Trek or belonging to ANY show or film is use of that label without permission, unless you've asked for that permission, so in that sense, then yes, fanfic is illegal, just as two children playing Star Trek in the front yard would be illegal.

 

[Starbreaker]

I, however, argue with this. Since TNG is absolutely finished (there won't even be anymore books, I'm told),

You were lied to.

 

[BolianAuthor]

^

Yeah... as long as something makes money, there will be more of it. There will be more TNG books.

 

[SonsofSoong2338]

You were lied to.

Thanks. I'll be sure to reply your future messages with short, snide remarks followed by no additional information.

 

[Starbreaker]

You were lied to.

Thanks. I'll be sure to reply your future messages with short, snide remarks followed by no additional information.

It was a joke. There are several more TNG books planned.

 

[CobraCommander]

I feel that the future of the Trek we knew is through written literature/ fan films. Some of the best ideas come from those who truly understand Star Trek. The only drawback I can see is mass overlapping of timelines and the need to sift for a more acceptable general canon. I wouldn't hold out much hope for Paramount to make canon anymore (no profit). We're on our own. Cobra

 

[JoeZhang]

Yes a lot of fan-fiction is downright criminal.

 

[BillJ]

I, however, argue with this. Since TNG is absolutely finished (there won't even be anymore books, I'm told),

You were lied to.

The book 'Path of Disharmony' (TNG) by Dayton Ward is set to be released later this year under Star Trek: Typhon Pact banner. Also, 'Seize the Fire' (Star Trek: Titan) by Michael A. Martin is set to be released as well featuring Riker, Troi and several minor TNG characters under the same banner.

The TNG characters are alive, well and still being published by Pocket Books for the forseeable future.

 

[BillJ]

The only drawback I can see is mass overlapping of timelines and the need to sift for a more acceptable general canon.

And a massive amount of 'fanwank'.