Fanfictions: Fun Form of Flattery or Felonious Infringement?

[AsianBlossom]

Okay, I decided to look up fair use laws this morning and discovered that writing fanfiction is a copyright infringement. Is all fanfic writing illegal then, even if you don't get paid for it? And if it is, then why are people still doing it? (I need to know as I enjoy fanfics and don't want to be doing anything illegal.) Any guidance or help is greatly appreciated. Thank you.

[Mr. SmartyPants]

I consider them uncanonical garbage.

[Zarn Ishtare]

I consider them uncanonical garbage.

There is good fanfiction.


just to let you know.

[Fish and Chips]

As pretty much all fandom is non-profit, I wouldn't consider it a violation of intellectual property, especially since most fan works cite the owners of the characters, concepts, universe, etc.

And although yes, there can be good fanfiction (I myself dabbled in it once), that doesn't change the fact that the vast majority of these people can't write, nor is that their only problem. Non-canon, I can stomach. Contradictory to the canon, I will kill you.

[ChristianKitsune]

XDD I don't like a lot of fanfiction... I mean... When I was younger I wrote fanfictions once or twice and I even sent one in to Tokyopop...

But now that I am older, and I have discovered that I can write a little, I would rather invest my time into writing stories about MY characters and not someone else's...I think it's a bit strange to write about somethign that's not your own... Samw with Fanart... I would rather draw my own characters than waste time drawing someone else's... :/

Is it copy right infringement? I dunno... Since it's non profit... and I have heard some Manga-ka sya they love fanfiction... sooooo O_O;;;

[Fish and Chips]

[quote="ChristianKitsune"]XDD I don't like a lot of fanfiction... I mean... When I was younger I wrote fanfictions once or twice and I even sent one in to Tokyopop...

But now that I am older, and I have discovered that I can write a little, I would rather invest my time into writing stories about MY characters and not someone else's...I think it's a bit strange to write about somethign that's not your own... Samw with Fanart... I would rather draw my own characters than waste time drawing someone else's... :/

Is it copy right infringement? I dunno... Since it's non profit... and I have heard some Manga-ka sya they love fanfiction... sooooo O_O]
You're thinking of Doujin, and it tends to be widely appreciated and practiced in Japan because the holders of the copyrights realize it's just fans doing what fans do, and occasionally very well. Not to mention that when you cut down to it, they're building and strengthening a fanbase which serves as free marketing/conscription for whatever material is in question. Good deal if you can get it.

Japan just seems more lax on such laws, which is how you can have so many comedy series built on referential humor to other series. In the States, you'd never get away with that.

[AsianBlossom]

Hm...what I'm talking about is if I've written fanfiction, do I have to delete it because it's supposedly illegal?

[Technomancer]

Okay, I decided to look up fair use laws this morning and discovered that writing fanfiction is a copyright infringement. Is all fanfic writing illegal then, even if you don't get paid for it? And if it is, then why are people still doing it? (I need to know as I enjoy fanfics and don't want to be doing anything illegal.) Any guidance or help is greatly appreciated. Thank you.

In a strict sense, yes. Fan fiction constitutes an infringement of the "moral rights" clause of the Berne convention. In those countries that recognize them, moral rights exist independently of any economic rights, and essentially involve an artistic control of the material and characters therein. However, in most cases regarding fanfics the author does not exericise these rights aggressively since fanficcers don't really matter a hell of a lot. Exceptions may be made though, especially in cases where the subject matter of the story is particularly objectionable.

Do you need to delete your fanfics? No, given that the original author(s) remain uninterested I doubt there will be any problems. A "cease and desist" request though should be obeyed.

[AsianBlossom]

Okay. I've only written Sonic and Teen Titans fanfictions, and only one is posted on the internet in exclusive boards.

But now that I know, should I stop writing fanfiction? Because when it comes to my own characters, I usually get bored of the plot, characters, or idea, thinking it's lame. The only reason I'm so good at fanfiction is because my writing is fueled by my particularly strong interest in the series I'm writing about.

(And I really don't think they, DC Comics and SonicTeam, know or care about what I'm writing)

[Raiden no Kishi]

I don't think there will be any problem given a disclaimer about what characters or other intellectual property isn't yours.

.rai//

[AsianBlossom]

Yeah, I'm always sure to put a disclaimer clearly at the front. Here's one of them:

Disclaimer: I don't own the Teen Titans or anything else copyrighted in this story. All copyrighted materials in this fan fiction are property of their respective owners.

[Fish and Chips]

Yeah, I'm always sure to put a disclaimer clearly at the front. Here's one of them:

Disclaimer: I don't own the Teen Titans or anything else copyrighted in this story. All copyrighted materials in this fan fiction are property of their respective owners.

Then you should be fine. Unless you start publishing, in which case "Royalties."

[AsianBlossom]

Nah, I'd never publish. Unless they want my stories, in which case they'd get most of the money. But who cares? I'm content just writing them, mostly because the animated series for Teen Titans is over and they just might cancel the Teen Titans Go! comic.

[mitsuki lover]

This is the first time I have ever heard of this before.Considering that Star Trek has had a series of books out that are basically anthologies of fanfiction that they encourage fans to write in and submit I believe this to be rather absurd.
Also there are several fanfiction websites on the internet.If fanfiction were,as you seem to insist illegal shouldn't those sites be forced to be discontinued?
Fanfiction is in general a fun way of fans to get more involved with their favorite series and use their imagination.It also encourages writing and thinking skills.
To be quite blunt about it the world would be a poorer place if fanfiction were disallowed.
Btw:In rare cases some writers of fanfiction have gone on to professional writing careers.

[Esoteric]

Just to reiterate...yes, copying or using anything which isn't your original intellectual property is an infringement of copyright law, whether you make money off of it or not. -That's a major misconception a lot of people have. (use of copyrighted materials for educational purposes is the only legal exception I can think of) But will someone prosecute you for it? Probably not.

In most cases, if the copyright owner decides to enforce their rights, they will send you a 'cease and desist' letter, telling you to take down their copyrighted material. If you do not comply or if your actions have somehow been depriving them of due profits, that is when they typically take you to court for damages.

Also there are several fanfiction websites on the internet.If fanfiction were,as you seem to insist illegal shouldn't those sites be forced to be discontinued?

Just because something is allowed to continue, doesn't mean it's legal. Just look at all the fansub sites! Again, it all comes down to whether the copyright holder wishes to enforce their rights. In the case of fanfiction, I doubt most would because it's usually harmless.

[Fiore teh Duck]

I don't think there's really any problems with writing a fanfiction so long as you use disclaimers...

(And for the love of God, do not do anything crazy-marysue...as that should be illegal alone,)

[Momo-P]

Like everyone else here said, I don't think you need to stop writing fanfiction. You're not claiming the characters as your own, you do not make any money off of what you do, everything you've talked about is totally harmless. If anything you're just bringing happiness to people who read your stories. I honestly cannot see the evil in that.

To me, this is just one of those human laws I don't see God really caring about. It's like tearing the tag off a matress. Although it's illegal, if a government offical came into your house and saw it missing, I doubt he'd care or even take notice. The same with the guys who created the original characters. They probably wouldn't think much of it, and if they did, they'd probably be happy and flattered you're enjoying their characters so much.

[Fish and Chips]

The 11th Commandment: Thou shalt not write pairing wish-fulfillments.

[CrimsonRyu17]

Personally, I find nearly all fanfictions pointless and poorly written without even capturing the character's true personalities. However, there have been a few that have impressed me. Very, very few.

I agree with Momo-P. Why would anyone really care?

Edit: Dude, Fish. Ten cool points for you.

[Fish and Chips]

I agree with Momo-P. Why would anyone really care?

This is America. There will be someone.

[Mave]

This Roy Mustang avatar (I didn't make it) sums up my opinion on fanfic in general. XD

The only fanfics I ever read now are done by trusted friends such as UC, Ann and some offline friends. I guess they are illegal in the strictest sense, just as fanarts are too.

.....

I'm a bit in trouble then 'coz I enjoy drawing fanarts. I do fanarts because it's interesting to see my fav. characters drawn in a different style/circumstance. I mean, the original artists are not going to draw Kenshin in a tuxedo or a gothic Quatre. It's uncanonical but hey, it's harmless fun and it cures my creative curiosity! Of course, fanarts have their dark side too, which I venture into very VERY cautiously. (<.<) ;;;

In general, I'm rather easy-going on this topic especially considering how relaxed some mangakas are about this (some even welcome this) .

[Mr. SmartyPants]

This is America. There will be someone.

And if you can't find anyone else that cares, the one that cares has to be you.

[Fish and Chips]

And if you can't find anyone else that cares, the one that cares has to be you.

Per usual. When you can't find the village idiot, you've probably already found him.

[ChristianKitsune]

I remember for my Non-Profit College paper, I had to draw an editorial cartoon over the spinach scare, and I wanted to use Pop-eye. but it was going to be on a TV with little kids watching it. I ended up emailing King Features Syndicate, and at first they wanted me to pay 75 dollars to use the PopEye image... but my professor called them and was like, "Look we just want to use him for a small college newspaper, that's not gonna gain anything from it, we aren't gonna put it on T-shirts."

It turns out that we didn't have to pay but we did have to get a written permission form emailed to us..in order for me to draw a tiny 1 inch drawing of popeye's head...

so...I guess it is important to follow the law, I could have gotten in big trouble, if I hadn't checked.

[Momo-P]

I remember for my Non-Profit College paper, I had to draw an editorial cartoon over the spinach scare, and I wanted to use Pop-eye. but it was going to be on a TV with little kids watching it. I ended up emailing King Features Syndicate, and at first they wanted me to pay 75 dollars to use the PopEye image... but my professor called them and was like, "Look we just want to use him for a small college newspaper, that's not gonna gain anything from it, we aren't gonna put it on T-shirts."

It turns out that we didn't have to pay but we did have to get a written permission form emailed to us..in order for me to draw a tiny 1 inch drawing of popeye's head...

so...I guess it is important to follow the law, I could have gotten in big trouble, if I hadn't checked.

Ya, but, read what you just said.

I ended up emailing King Features Syndicate

I bet you 100$, had you not sent them an e-mail, nothing would've happened. While there are exceptions to this, I think most people would agree, the chances of them seeing that (and then reporting it) are very, very, low. The only reason you had so much trouble was because you went to them at all.

Another difference is that was on TV. Although the internet reaches just as many people as television, I don't know how to describe it, but there is a difference. Where as on the internet you can make it known it's for fun fan purposes, on TV you really can't do that. On TV you just have the image there and people can assume whatever they want since no disclaimer is being stated.

Also just some friendly advice AsianBlossom, but why not try and get ahold of the official guys? Teen Titans is, thankfully, one of the few things where contacting some of the original sources wouldn't be hard. I mean, they know fans love the show, I'm sure they get e-mails all the time. Again I'm sure they'd say "go ahead, we love reading it!", but if it makes you feel better, it is very possible to accomplish.

[Hotarubi]

Fanfiction is technically illegal.
So is backing up your music collection onto your PC.

Does anyone get arrested or fined for backing up their music collections?
Well no, not unless they're making money off of it, or sharing it with thousands of other people.

Why? Simple, it's not worth the company's time to track you down.
Also, they themselves would need to break several laws in order to actually find you yourself.

My advice to you would be to do as others have suggested and put up the proper disclaimers, but keep writing if it makes you happy.

[AsianBlossom]

It does make me happy, but I don't want to disobey the law if it'd be breaking God's law as well.

Yeah, maybe I should contact them. There are thousands of Teen Titans fanfictions out there, and besides that, since they're planning on maybe ending the comic series (based on the animated series). So this would technically be the only way that there would be more stories (and thankfully, I intend to keep them fairly clean...it's disgusting what most people do out there in fanfics...blech...)

[ChristianKitsune]

Ya, but, read what you just said.

I ended up emailing King Features Syndicate

I bet you 100$, had you not sent them an e-mail, nothing would've happened. While there are exceptions to this, I think most people would agree, the chances of them seeing that (and then reporting it) are very, very, low. The only reason you had so much trouble was because you went to them at all.

Another difference is that was on TV. Although the internet reaches just as many people as television, I don't know how to describe it, but there is a difference. Where as on the internet you can make it known it's for fun fan purposes, on TV you really can't do that. On TV you just have the image there and people can assume whatever they want since no disclaimer is being stated..

That isn't very honest though is it? O_o that's like...sneaky... I wanted to do that the LEGAL way...It's better for one's character to contact those in charge, it makes me as an artist more reliable than those who don't do that...that's why I really can't like people who make Fanart and sell it..that's really wrong. Their are making profit off of something that's not even their own.

Dojinshis are one thing because I am pretty sure people ask permission over in Japan... but to just draw someone's character and not tell them about it...is stealing, dishonest, and not honoring a fellow artist....

Back to the Fanfiction thing. I applaud your decision to talk to someone in charge about this...but if they say "no" consider it a good thing and focus your writing goals on stuff that you can create. You obviously have the talent to write... why not work on stories of your own design?

[mitsuki lover]

It is only illegal if you try to make a profit off of it.Since the majority of fanfiction is simply written by fans to share between themselves and not to be sold(or at least
not for profit)it cannot be considered to be illegal.
On the other hand if you say plagiariaze a novel by John Smoot and put your name on it THAT is illegal.

[Nate]

It is only illegal if you try to make a profit off of it.Since the majority of fanfiction is simply written by fans to share between themselves and not to be sold(or at least
not for profit)it cannot be considered to be illegal.

Sorry, you're wrong.

Don't know much about copyright law, do you?

Even if you don't do it for profit it's STILL illegal. You can whine about it all you want but that's how it works, you can say it isn't illegal if it's non-profit, but you're flat out wrong. The law makes this abundantly clear.

Do companies go after everyone who uses copyrighted materials for non-profit use? Usually, no. That might be why you THINK it's okay, but it isn't as far as the law is concerned.

I think most people would agree, the chances of them seeing that (and then reporting it) are very, very, low.

Yes, but do you want to play the odds like that? And if she had gotten unlucky and someone HAD seen it, then it might have ended in a lawsuit.

It's very commendable what Kitchan did, she did the right thing.

Dojinshis are one thing because I am pretty sure people ask permission over in Japan...

I don't think they do, but the difference is in Japan the anime/manga community supports dojin writers because it gives people greater exposure to their material (it's like free advertising), and a lot of studios will even hire dojin writers to become actual artists. One of those "We'd rather have this guy on our side" things I guess.