Archive for » August 4th, 2008«
As you all know, I’m a supporter of fanfiction. There are certain pieces of the writing arena that I disagree with (slash and Suethors, for example) but, like the law and abortion, it’s either all or nothing. You can’t pick and choose what should stay and what should go in an argument like this. J.K. Rowling approves of fanfiction in general but discourages pieces like slash. I don’t believe she’s actually come outright and said “I forbid the writing of slash fanfiction for the Harry Potter works” but she has said she doesn’t like it. Does it stop the ficcers? What do you think?
Lee Goldberg has a rather staunch and finite take on the matter; it’s theft. Now, I don’t know who Lee is although I have seen his name tossed about in some writing circles. I’m just commenting on his article. There are many people that take this stand when it comes to fanfiction. Personally I think it’s a bit extreme but, as opinions go, they vary from person to person. However, the lines of permissions with fanfiction are continuing to blur as the years go on.
Is it copyright infringement? Well, technically, that would depend on what the original copyright of the work states. Even the Copyright Office’s definition on the matter is left to the interpretation of individual stipulations made regarding specific works. If a copyright holder grants permission for derivative works, then copyright can’t be broken; not legally. If an author expressly states that they don’t want derivative works based on their copyrights, then any such works are in direct violation of copyright and the holder has a right to to seek legal retributions for the infringement.
Now what about those, for instance production companies, that actively turn a blind eye to fanfiction writers? I mentioned this in a previous post. They are neither approving nor disapproving of these works, and purposely so. They know that to vehemently disapprove could risk a lot of current and potential money. Those companies are smart. They know that fanfiction is actually a marketing ploy for their product, done for free by the fans which, in turn, puts more money into their pockets. Why would they stop people from promoting for them for free?










































