Fan Fiction in short stories, novels, comics, and video productions has grabbed the spotlight at Bullhorn Media. But wait—some of our blog readers might not even be acquainted with Fan Fiction yet. Please allow Bullhorn Media to introduce you to Fanfic–or expand your knowledge now. To avoid confusion, Fan Fiction, Fanfiction, and Fanfic are slightly different terms having the same meaning.
In this blog, Part 1 of 2, we will update you on Fan Fiction. You are about to discover one of the latest, hottest, trends within the media industry. And this unique cultural and somewhat literary development might hold some surprises for you.
What is Fan Fiction?
The Dilemma: Is “Fanfic” Fair to the Original Creator?
In FanFic writers steal characters and their basic life situations directly from the works of established, mainstream authors. Then, they craft stories, novels, video, cartoons, and even video games, based on the original writer’s scenario.
Thus, a FanFiction writer might create a new adventure for Sherlock Holmes. He might write a new Harry Potter story, or an outer space saga for Captain Kirk. He could even create a slightly kinky video adventure for Barbie.
Some Authors Embrace FanFiction
Many of the authors of the original works embrace the development of this new literary form. JK Rowling encourages the imagination of her fans as they spin off stories with the Harry Potter cast in novels and video.
Other writers consider such writing or video production as blatant violations of copyright traditions. And in a sense, Fanfic is a little bit of that. However, it is also much more. Read on before you decide to make Star Wars your way.
A Deeper Definition of Fan Fiction
The “fanfic” writers and producers are dedicated fans. They create their unique stories as a homage to the original author’s works. However, such homage can quickly lead to legal entanglements and copyright infringement.
And this is especially true when a Fan Fiction writer becomes a paid writer. Just imagine how protective or angry that situation might make the original writer. He may view this as a theft of his story or character creation.
A Bullhorn of Warnings if You Create Fanfiction
So This Bullhorn Media blog blares out a Warning for amateur movie-makers and writers. Thus, we join in our concern with Mark Levy, past president of the Amateur Movie Makers Association. He is also an attorney who specializes in intellectual property law.
Patents, trademarks, and copyrights are his field. As such, he has alerted Fan fiction writers and producers to be cautious about their creations. Recently in Videomaker magazine, he made this statement. “Fan fiction can be a great way to exercise your creativity and pay homage to the stories you love. And he continued “but it’s always good to understand the legal side of any project before you start production.”
Where Does Fan Fiction Live?
The “Fanfic” Writer Brings Her Characters and Story Together From the Visions of the Original Writer
The Internet has been responsible for giving these new works an eager new audience of readers and watchers. Likewise, it has been their safe haven. In 2007, writers and fans developed an online Fan Fiction or fanfic depository.
It’s called Archive of Our Own or AO3. It is the ultimate source for many types of fan creations, even remixed video. It is said to be a “fan-run, collective…” Basically, it is a space where individuals can work together on the “basis of common goals and tastes.” The AO3 derives support, power and wealth from a non-profit group called the Organization for Transformative Works.
The NewYorker magazine adds, “It promised stronger resistance to legal challenges…” than its for-profit competitors. One of those competitors, Fanfiction.net, is now a part of AO3.
Oops! Copyright Infringement or Fair Use?
The copyright laws include an exception known as “Fair Use.” Thus, this applies to derivatives like Fan Fiction. Lawyers explain it as a separate part of the copyright. It can actually safeguard the rights of Fan Fiction creators. Surprisingly, the “Fair Use” Law actually protects the creators of Fan Fiction. This protection usually relates to the use of someone else’s work without permission.
Levy and Zellichenko of the U.S. Copyright Office consider four different criteria to determine the application of fair use.
- Purpose and Character of the Book or Video: Is it commercialized or monetized in any way? Is the work part of a nonprofit education institute?
- Nature of the Work is a definite factor: If the protected work which inspires you is all fiction, fair use is more easily granted. If it is nonfiction, then fair use is a pipe dream for the video producer. So, you cannot copy a textbook and call it your own work. That would be legal insanity.
- Amount used or the portion used in relation to the work is also considered. Did you copy 1/8 of the characters from the original author’s work? Only half of them, or all of them? The less you use, the better legal protection you have.
- Potential Market use or Value of the Work is also a factor. Understand this. You are only protected by fair use if you do not affect sales or market value of the original. Fortunately, many modern writers are beginning to see Fan Fiction as an extension of free advertising.
Our Terrific Take-Aways
Do you want to read or watch some good Fan Fiction or you want to begin writing it? If so, we highly advise you to go to the aforementioned online resource, Archive of Our Own.
Additionally, there are Two Points Fan Fiction Producers Must Understand.
- The court has been known to rule against fans if they have commercialized or monetized the copied work. So, be on top of your legal stance as you plan out your story rendition.
- Fan Fiction writers and fans can prosper with current laws. However, but they must pay attention and work towards a “fair use” designation.
At Bullhorn Medea, we remind you to learn about the creative process of Fan Fiction. But once again, we repeat that it can be a risky legal endeavor.
Legal Plan: “Resistance is Futile”
Fan Fiction is Battering Down the Old Style, iron-clad Rules About Copyright.
Remember, when it comes to your own FanFiction story, the legal plan for success. Here is a fitting quote from the STAR TREK founders of Fan Fiction. “Resistance is Futile.” Given its popularity, the Fan Fiction writers and fans will not resist sharing creations online. Likewise, lawyers will not resist enforcing the copyright regulations to the fullest, when a Fanfic writer goes too far.
Bullhorn Has a Helping Technical Hand
Once you are in your legal compliance, remember that Bullhorn Media is here as your DIY video consultant. We’re sure to help you with the Wow Factors that will impress your audience and the original author.
Thanks for sharing our out-of-this-world experience with this new trend today. And please join us for our next blog, part II of this trend. Even Spock would agree it is “fascinating.”
In that blog, we will be telling you the story of Will Smith’s discovery of a Fan Fiction video version of The Fresh Prince of Bel Air.