a mini-meta-rant on Laurell K Hamilton fanfic and stuff PART II

[mhalachai]

My good buddy eavling, in response to something on a previous thread, dug this up on Laurell K. Hamilton's stance on fanfic.

"Fanfiction does not exist. My understanding, legally, is that to keep my copy right completely intact, I must not allow anyone to use my characters for anything. I know the copy right should be protected as long as they don't try and make money from my world or characters, but I'm cautious by nature. I go with the advice of my lawyer has given on it. So if people are writing fanfic, enjoy yourselves, but don't tell me about it. Ever. And don't try and sell stories or books set in my world, with or without my characters. That's illegal."
Excerpt from text interview by Paula Guran for Metropole
http://www.laurellkhamilton.org/Laurell/LKHBiography.htm#interviews

There are two separate issues in all this: One, using another person's copyrighted characters for your own profit, and two, LKH and fanfic.

One: She's right: it's illegal to violate copyright like that. But that's not what we fanfic writers are doing. That's why all disclaimers on fanfic say that nothing is being gained by the writing of the fanfic, and that others own the characters. An archive that has Buffy fanfic available on the Internet is all right; one that charges you to view the content is not. If you see someone trying to profit from fanfic, raise shit.

Two: There are two aspects at work here. The more personal one for LKH is that she doesn't like to share her characters (which I find interesting, not in a good or bad way, from someone who wrote a Star Trek derivative novel once upon a time). The other is one that all writers share -- can you read fanfic based on your own material? What if you then, consciously or not, incorporate aspects in that story into your own work? Some author was sued over that a while ago, and since then most authors do not read fanfic based on their own stories.

There is no real conflict there, however, with the existence of Anita Blake and Merry Gentry fanfic. If you read those words, one thing stands out to me:

So if people are writing fanfic, enjoy yourselves, but don't tell me about it. Ever.

I can live with that.

~~~

Now, I must turn to two other fandoms, briefly, to show different views on fanfic.

1) Joss Whedon: He and his crew are in favour, from what I can recall, because it generates interest in the fandom and brings people back in. They are right on the ball, as reading and writing fanfic can generate new interest in the series, especially after the series is dead. It certainly gets people buying those $60 DVD sets.

2) JK Rowling is in favour of fanfic (BBC Article here) as well. She’s not in favour of the obscene stuff, which could be the object of another discussion. Frankly, I'm not a fan of the Harry/Voldemort rape fic either, and I sure as hell hope it's labelled as such so those 12-year-olds never find it (Also a parent supervision of the Internet thing, but it’s getting late).

Moral of the story:
Hug a fanfic writer, they're doing it out of love

Comments

[catherinecookmn.livejournal.com]

Joss and JK Rowling both understand that fanfic and its writers/readers are the best forms of advertising. Think of how many millions Scholastic/Bloomsbury/Mutant Enemy/etc. would normally have to spend to keep their universes and characters fresh in their fans' (and the general public's) eyes over a span of years. With fanfic, they needn't lift a finger or spend a cent.

For JKR, the fanficcers are what kept the appetites whetted during the three-year drought between GoF and OoP, and between the two-year period from OoP to HBP.

[mhalachaiswords.livejournal.com]

The internet is a delicious thing. It stays crunchy in milk, and is the best advertising tool there is.

Also, I'm a little biased here -- AB fanfic is my DOC (drug of choice).

Indeed

[(Anonymous)]

Fanfic does indeed keep the fans' appetites whetted. But I find that sometimes fanfic is better than canon (IMHO, HBP started out like bad fic :-S and don't get me started on where LKH has taken the Anitaverse), in such a way that even though I'll buy the seventh HP book, I don't like the direction JK Rowling has taken her universe in (except for Remus/Tonks, because in my mind they are Acceptance of Fate versions, awww). In fact, I might -- no, I *do* -- like the Anita that mhalachai writes more.

Oh, and mhalachai, consider yourself hugged (I know this might not mean much from a non-registered user, but I thought I'd mention it anyway ;-) ).

[catherinecookmn.livejournal.com]

Oh, almost forgot:

((((hug))))

[mhalachaiswords.livejournal.com]

Thanks. Was that for the awesome meta, or the life stuff?

:)

[catherinecookmn.livejournal.com]

Yes.

[sabriel-0405.livejournal.com]

As I've said before, the biggest problem with fanfic is that some fanfic authors are crazy. (Some of pretty much any group are crazy but that is a comment for another day.) For example, in DM, Anita may or may not be pregnant. Hmmm, sounds a lot like Consequences. Obviously, I know better. But that's because I'm rational. She's trying to avoid the lawsuits that claim that someone else had that plot bunny first.

Laurell is a pessimist by nature. She says she's Wiccan or Pagan but in truth, her God is Murphy's Law. Some of us are naive enough to believe the worst won't happen to us. She's certain that it will. Twice over. (And Laurell is right to be concerned. Some of her fans, and I use the term loosely, are downright crazy and would slap her with lawsuits for idea infringement in a heartbeat if they could. (Remind me to tell you about a contest wherein I was accused of plaguarizing the contest of idea.)

Joss writes for TV for not books. He doesn't write every episode and frankly, the more fanfic out there, the better the possibility that he will discover a new scriptwriter.

Rowling is a global institution. Much like Tolkien, though I have to suggest that if Tolkien were alive, he wouldn't be crazy about some of the fanfic written with his characters.

Star Trek novels are not copywritten to the author. Star Trek (c) is owned and trademarked by Paramount. It is, essentially, fan fiction sponsored by the studio. But again, the world was created by Gene Roddenberry. The episodes were not. There is, in my mind, a difference between TV/Movie and book.

[mhalachaiswords.livejournal.com]

I'm with you on the crazy fan part, espeically on the AB front (the forums, for example? *shudder*). I totally understand being pragmtic about that.

Tolkien sounds a bit like Laurell. We'll see how things go when I actually get around to writing my LotR/AB crossover :P

The Star Trek thing is still deivative fiction -- if I tried to publish Star Trek fic tomorrow, you'd be sure the studio would be on my ass as much as if I tried to publish HP fiction. The copyright is just held by a different agency. But it's possible I'm missing your point. I'm tired and it's been a long week (and it's only Wednesday!)

[sabriel-0405.livejournal.com]

The Star Trek thing is still deivative fiction

You cannot publish Star Trek fic for a profit without the studio's okay. That's correct. For a long time, around when ST:TNG came out, there was a big push for this published "fan fic". Paramount/Pocket Books published some very questionable stuff. I have some of it. I think it was in response to the fanfic that was coming out of conventions.

And I hate to break it to you, but it's only Tuesday.

[mhalachaiswords.livejournal.com]

And I hate to break it to you, but it's only Tuesday.

...

Great.

I've also got some of those Star Trek books, read a lot of them. I have four favorites, which really hasn't got much to do with the matter at hand, but meh:
1. Star Trek: Strangers From the Sky -- by Margaret Wander Boranno. It's really a great book.

2. Star Trek: Ishmael (#23) -- by Barbara Hambly. Spock goes back in time. It's putting Spock in 19th Century Seattle, with a whole bunch of OCs, but they are such well developed characters that you just don't care. Everything I read the book, I skip the Enterprise stuff, and just read all about the OC stuff. Read it. It's so good.

3. STNG: Masks (#7) -- by John Nornholt. Hey looks! More OCs! But there's a solid world building going on here.

4. ST:Voyager (#16) Seven of Nine -- by Christie Golden. My fave ST-V character is given solid backstory and a great mystery plot. Very nice.

[sabriel-0405.livejournal.com]

I have a bunch of the original series novelizations and Ishmael is one of my favorites. Barbara Hambly is now (and possibly then) a very well established author.

I was surprised that I don't have Strangers from the Sky. I must have read it.

[thymidinekinase.livejournal.com]

Hug a fanfic writer, they're doing it out of love

Okey-dokey: ((hugs)) :-) Thank you for making life more fun.

I also enjoyed _Strangers from the Sky_ and _Ishmael_ (have you read Hambly's "Free Man of Color" novels? Excellent!) a lot. I didn't so much care for _Masks_; I thought that the sybolism was a little too anvilicious, though it *was* a revelation that our noble Jean-Luc might have a fling with a local. I like John M. Ford's work in general, and enjoyed both of his ST:TOS novels, but particularly _The Final Reflection_, which is about a Klingon saving the Federation ~50 years before TOS. I recommend it highly.

I haven't read the STV novels at all; perhaps I will give #16 a shot.

[mhalachaiswords.livejournal.com]

I first read Masks when I was 9; it has that same aura of childhood enjoyment as do many of my Nancy Drew books. But season 2 STTNG wasn't exactly subtle in its messages.

Thanks for those book names, I'll see if I can track them down.

[cissasghost.livejournal.com]

*applauds*

Very reassuring useful post. :)

-Sonya

[mhalachaiswords.livejournal.com]

Well, I figure we AB fic writers gotta stick together.

[eavling.livejournal.com]

Personal testimony:
It was only through my introduction to Anita Blake's world in Mhalachai's fanfiction, Inevitable, that I gained any interest in reading and purchasing the Anita Blake books.

[deepfishy.livejournal.com]

Wordy McWord. The only reason I've got a shelf-full of Anita Blakes is because of two crossover fics I read, one of which was Mhal's (Mind the Gap, I think).

Fanfiction can maintain interest in long-gone fandoms, and introduce you to new ones. Basically, it's an enabler, an entry-level drug and crack all rolled into one :D.

[ansku]

Well, I personally had never even heard about LKH or Anita Blake before reading one HP-cross-over, I think it was Black Magic In Moonlight by beren_writes and it got me so hooked that it didn't take me long to have ordered every single book of the series for myself ;) They don't sell them in my home town so I had to go there blind but I've never regretted my decision :) And while waiting for the books to arrive I checked out a few authors beren recommended (one of them mhal) and here I am, firmly hooked again ;)

me too!

[shopteacher-guy.livejournal.com]

Truth!.. I had never hear of Anita Blake until I read "Inevitable" on Skyehawk, then I came here to keep on top of the story. After I real all Mhalach wrote I went and picked up the first 2 books.. then 2 more.. and 2 more.. (I am up to Obsidian Butterfly now)
Not to be a huge brown noser but.... Inevitable is really good, really really good, as good as any of the books I plunked down $7+ for! That may scare the publishing company, but even if I stopped buying AB books and just read FF they have... well they have a bunch of my money they would not have had were it not for Mhalacha!!

[taligator.livejournal.com]

You and sabriel have to be the most devoted fans EVER. I swear. I love reading your posts and your meta rants, which are always a good read.

That said ..

I was just reading a Q&A from Poppy Z. Brite and she has said that she doesn't mind people writing fanfic about her older books but doesn't want to see it for her new stuff. I found that interesting. It's like she's trying to preserve them or something.

Sometimes I wonder why authors are so afraid of fanfic. I can understand them not wanting someone to make money off of their characters but it seems based more in fear that people will want to read the fanfic and not the real thing.

I find it strange that I don't read much AB fic at all. If I do, it's almost always a crossover. I think because there is already so much in the original stories that I don't feel the need to write about 'what could have been' or even read about it. I don't like slashing any of the guy characters because it's too plausible. *G* I know they are already doing stuff behind closed doors and the idea isn't as intriguing to me. Strange huh?

Anyway, thanks for your topic .. enjoyed reading it.

[uforeah.livejournal.com]

I think her stance is a very good one. It makes sense legally and it shows that she knows that people are going to write about her world (and probably is very flattered) and there is nothing she can do to stop it but she is just asking for a don't ask don't tell policy.

Also, it is because of your crossovers that I am looking into reading Harry Potter. So thank you for that.

*hugs*

Thank you for doing it for the love.

[tthjinni.livejournal.com]

Personally, if anything I write originally gets popular enough to induce someone to write fanfic around it, I'll feel flattered.

Will I read it? No. Because I have a hard enough time keeping original thoughts straight in my head without reading someone else's thoughts on my characters/world.

Would I allow any fanfic (crossover or not) using my original work to be archived at TtH? No. Because I'm likely to stumble over it.

[thekams.livejournal.com]

*hugs*

I have to say, fanic and fandom was the only thing that kept me interested in HP while I waited for book six and the fourth movie to come out. And then I stumbbled upon AB fandom (actually, I think it was through Inevitable...I was looking for HP crossovers and found it). Once I finished the books, I realized I'd need something like the HP fandom to keep me interested until Micah came out...and it's worked. I'm psyched for Feb 28th, now. If it wasn't for fanfiction and fandom, I wouldn't even know when Micah was coming out! Or what it was called, for that matter.

I can understand why some writers would be hesitant about fanfic, but really, it's of the good. As long as it's being done for fun and out of love, it shouldn't matter SO much. But meh. To each his own, I suppose. I'm just grateful my fandom has authors who don't mind it so much. =) (and that they have amazing fanfic writers!!)

[amdsmrnitesdrm.livejournal.com]

Hey, thanks for posting this. I've actually been curious about LKH's stance on fanfic for a while... it gets kinda depressing not being able to post my stuff on certain websites.

[amdsmrnitesdrm.livejournal.com]

P.S. I'm curious, since you are a fanfic writer I very much admire (someone who actually has a fantasic plot?! It's gold!) what do you think of LKH's Anita Blake series now? In her last book she slept with... five new people? Do you think it's going downhill into pure smut territory?