Let me count the ways...
Apr. 24th, 2006 04:24 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
chrystallineMoron, idiot, imbecile, twit, stupid, brainless, clueless, incompetent, foolish, dumb, short-sighted, simple-minded dolt...oh forget it, she's never going to read this, and I have better things to do than list synonyms for Lori Jareo. On the other hand, traitor might fit better, seeing as how she's just painted a bullseye on fanfiction at large.
While I've never taken copyright law in a classroom form, I've had quite a bit of interest for some time, since I'm 1) an online fan who loves fanfic, and 2) hoping to produce fan-able shows myself someday;) A couple of years ago I got Digital Copyright by Jessica Litman, which has some very interesting discussions specifically with regard to the way copyright impacts the consumer/audience. This is one of my favorite discussions, in any fandom.
By now, most everyone involved in any fandom that involves fanfic (which would be something like all of them;) has heard of this kerfluffle. I read about it in one of my fanfic email lists, and found myself returning to places I thought I'd long since left behind. The trail I followed started at F_W, which brought back (surprisingly relevant) memories since it led to Goldberg's blog, and to Scalzi's blog (am I horrible for not knowing this guy?) which led me to Mamatas. Goldberg linked GalleyCat and remarked on the astonishing coincidence of being in complete agreement with the majority of fanfiction writers and readers. I confess, it is an amazing thing, mainly because he has yet to extend this to all the rest of us with a "See! I told you! Fanfiction is all horrible and you're all out to cheat us Real Writers (TM) with your terrible ripoffs!!11!"
There's always someone out there who will ruin it for everyone else. Lucas is more flexible than most Copyright owners: he allows (and even encourages) fan films, as long as no profit is made. The fans are allowed to raise money to make the film, but they aren't allowed to sell it afterward. This doesn't look like it falls into that category. The fact that fanfic writers don't make any money on it is the only saving grace, and for all that there are certain authors who will sue anyone they catch writing it, as those of us who have been in fandom for more than a year are well aware. (The two Ann/Annes being the first to come to mind - Rice & McCaffrey) The list of authors FFN bans because of author request is fairly short, but I find myself feeling disappointed with those authors. The discussion held onlist was marvelous until it devolved into politics, but among other things, raised the valid point that fanfiction has generally been a good thing for intellectual properties because it kept the created universe in people's minds and maintained consumer interest in it.
There are authors and producers who understand the value of fan creations. JK Rowling apparently doesn't have a problem with it. She may or may not care for slash (and probably doesn't, given the nature of her books), but she has to know about it. Some of the fansites she's awarded have fanfiction links right on the homepage, and if she's been to the site enough to determine it deserves an award, she's had plenty of chances to see what's behind the link. I know I wouldn't be likely to name a site "Favorite of the Month" if I didn't know what the links were. MGM/SciFi have been very fan-friendly with the Stargate franchise, with annual Get in the Gate Sweepstakes and official participation in a fan-run site. Star Trek sometimes has fanfic competitions in which the top few get published in a Paramount-sanctioned anthology. It's not a lot, yet, but the Industry accepts changes much more slowly than the consumers.
I don't think there is a significant difference between audiovisual and book fanfic, though. In both cases, if the original is done well, people will continue to buy the original creator's work. It was through the realm of fanfiction that I got "into" LOTR enough to start buying and reading more of the official books (beyond Hobbit/FOTR/TT/ROTK). On this subject, I'll copy my own comments (slightly trimmed for points irrelevant to the current discussion) from the above-linked memories:
I think it's interesting that you appear to be ignorant of the origin of Official Spin-Off Novelization, in the first place. When Star Trek was cancelled, the fans wrote fan fiction. They published it in 'zines, which they sold at break-even prices, just so they could share it. They corresponded by snail-mail because that was all they had. Guess what? Several of those fanfic authors became Paramount-authorized published authors. AC Crispin is one of them, and one of my favorites. Read her introduction to TIME FOR YESTERDAY (sequel to YESTERDAY'S SON) in the Official Pocket Books Paperback if you need her version. Actually, I'd recommend you read the intros to both books, just to see a much better way of dealing with readers than what you seem to have managed so far. But it is worth noting that prior to Star Trek fanfic, no one published TV series spinoff novels, and without the fanfic, no one would have seen the market, most likely.
Guess what else? Some of the Paramount-authorized novels are drivel. Quite frankly, the books written by authors who were fans first are always better than the ones written by previously published authors who had only a passing acquaintance with the TV series. As far as percentage goes, I would have to say the novels are generally better than a lot of fanfic, but then, some of the really good fanfics so far outstrip the "published" works as to make the comparison ridiculous. It's not a one-for-one comparison; you seem to be of the attitude that, because the majority of fanfic writers are adolescents (and yes, they're usually FEMALE, not male) who do not yet have the maturity to write well, no one should be permitted to try.
Here’s the thing: fanfiction harms the copyright not at all. I know nothing about Diagnosis Murder, so I focus on the fandoms I know and understand. I like Star Trek. I have the movies on VHS, and yes, I plan to get them on DVD when I can afford them. I buy the novels when I can, and someday I want to buy the series itself on DVD. I’m involved in Lord of the Rings fandom, as well. To be brutally honest, my interactions with fanwriters and their stories have increased my interest in the published works of Tolkien, and in fact, HAVE resulted in additional book sales. Fanfiction spurred my interest enough to actually buy MORE of the officially published work. Someone else pointed out that fanfic kept Star Trek alive for more than one season. Do you think George Lucas would have seen the kind of reaction he got to the opening of Episode 1 if the fanbase had not kept themselves primed for more Star Wars adventure? There are not only fanfics and fanart, but fanFILMs in that fandom. With Lucas’ permission, if you hadn’t noticed, not on a case by case basis, but an overarching “as long as there’s no profit, you’re okay” standpoint.
It is also worth noting that the authors who aggressively pursue fanfic writers tend to alienate their fans. Since finding out how aggressively Anne McCaffrey squelched fanfic about her worlds, I have lost interest in actively pursuing her books. There are gaps in my collection, but somehow I just don’t care enough to go looking for the books I don’t have. I’ve never been into Anne Rice’s work, but there are other authors, too, who prohibit fanfic. Patricia C. Wrede is among them, I believe. Most unfortunate, to my way of thinking, because that means her world is out of sight, out of mind. As far as I know, I already had all her Enchanted Forest series before I ventured into the realm of fanfic, and so the story simply stops. The fans do start getting tired of being slapped for LIKING the series, and *will* eventually lose interest. Sounds like a class issue, at this point: the Upper Class Author, and the Lower Class Reader. Reader is supposed to “know his place,” apparently. Not happening.
And regarding the troll who pointed out that a lot of us seem to focus on SciFi; I don’t suppose you’ve noticed that SciFi and Fantasy fans tend to want intelligent discussion of the stories we read, hmm? I find it a lot easier to have an intelligent discussion of, say, Orson Scott Card’s work than some General Fiction author whose work seems little more than a bio of some nondescript person in a modern day setting who manages to get lucky with a co-worker. I don’t want to read about my neighbors, thank you, and I’m not the least bit interested in Jerry Springer.
Posted by: Chrystalline | Monday, October 18, 2004
The trouble comes in when the fanfic is better than the original, and authors keep sliding on past successes, resting on their laurels and expecting that to carry all their book sales. I've left fandoms before because the fanfic was better than the show. The dynamic is changing, and the audiences are gaining (and demanding) more from the writer/producers. It's always been about content, but pre-Internet, the audience didn't really have a way to enforce that. In the Internet era, however, people are finding ways to get the higher-quality stories they want, even if the original writers are not cooperating. Cracking down on the fans alienates the fanbase and becomes a self-fulfilling prophecy of doom, as the RIAA discovered before they finally figured out that offering a legal alternative might help. That particular aspect doesn't really apply in fanfic, but the writers who encourage fan-involvement generally come out ahead. Fans want to be included, and creators who take steps to welcome them in will be rewarded with fierce loyalty.
Viewer loyalty is the best thing for a televised series, and the biggest advantage I see for producers to focus on scifi/fantasy/geek audiences. Studios will eventually have to catch on, because internet fandom is only growing stronger and more diverse as the time goes on, and the studios that fail to grow with it will go under and get bought by the successful ones. Survival of the fittest works in business, too. The writers who produce good fiction will continue to sell their work, and the ones who write mediocre fiction will eventually lose out.
On the other hand, somewhere in all the discussion and wrangling, an interesting thought emerged. I'm not sure whether I read a wisp of it somewhere, or if this is the result of a gestalt with all the ideas flying hither and yon, but it's pretty clear that the existing copyright structure doesn't really work in this increasingly consumer-driven world. The growth of technology has made it much easier for the average person to create a book/movie/image and share it with people all over the web, and the copyright law was not written with this situation in mind. So, something needs to change, and it seems eminently reasonable to change the copyright structure.
The Music Industry provides us with a pre-existing model: Compulsory Licensing. Extend that to fiction, and fans will have the freedom to create derivative works to their hearts' content, and even profit from them - as long as they pay royalties on every copy sold. It's a very reasonable solution that doesn't end in mass lawsuits and PR nightmares. Of course, under that system, Lori wouldn't be illegal, but she still wouldn't sell very many of her books.
But hey, F_W found the photographer's site and we got some pretty pictures!
While I've never taken copyright law in a classroom form, I've had quite a bit of interest for some time, since I'm 1) an online fan who loves fanfic, and 2) hoping to produce fan-able shows myself someday;) A couple of years ago I got Digital Copyright by Jessica Litman, which has some very interesting discussions specifically with regard to the way copyright impacts the consumer/audience. This is one of my favorite discussions, in any fandom.
By now, most everyone involved in any fandom that involves fanfic (which would be something like all of them;) has heard of this kerfluffle. I read about it in one of my fanfic email lists, and found myself returning to places I thought I'd long since left behind. The trail I followed started at F_W, which brought back (surprisingly relevant) memories since it led to Goldberg's blog, and to Scalzi's blog (am I horrible for not knowing this guy?) which led me to Mamatas. Goldberg linked GalleyCat and remarked on the astonishing coincidence of being in complete agreement with the majority of fanfiction writers and readers. I confess, it is an amazing thing, mainly because he has yet to extend this to all the rest of us with a "See! I told you! Fanfiction is all horrible and you're all out to cheat us Real Writers (TM) with your terrible ripoffs!!11!"
There's always someone out there who will ruin it for everyone else. Lucas is more flexible than most Copyright owners: he allows (and even encourages) fan films, as long as no profit is made. The fans are allowed to raise money to make the film, but they aren't allowed to sell it afterward. This doesn't look like it falls into that category. The fact that fanfic writers don't make any money on it is the only saving grace, and for all that there are certain authors who will sue anyone they catch writing it, as those of us who have been in fandom for more than a year are well aware. (The two Ann/Annes being the first to come to mind - Rice & McCaffrey) The list of authors FFN bans because of author request is fairly short, but I find myself feeling disappointed with those authors. The discussion held onlist was marvelous until it devolved into politics, but among other things, raised the valid point that fanfiction has generally been a good thing for intellectual properties because it kept the created universe in people's minds and maintained consumer interest in it.
There are authors and producers who understand the value of fan creations. JK Rowling apparently doesn't have a problem with it. She may or may not care for slash (and probably doesn't, given the nature of her books), but she has to know about it. Some of the fansites she's awarded have fanfiction links right on the homepage, and if she's been to the site enough to determine it deserves an award, she's had plenty of chances to see what's behind the link. I know I wouldn't be likely to name a site "Favorite of the Month" if I didn't know what the links were. MGM/SciFi have been very fan-friendly with the Stargate franchise, with annual Get in the Gate Sweepstakes and official participation in a fan-run site. Star Trek sometimes has fanfic competitions in which the top few get published in a Paramount-sanctioned anthology. It's not a lot, yet, but the Industry accepts changes much more slowly than the consumers.
I don't think there is a significant difference between audiovisual and book fanfic, though. In both cases, if the original is done well, people will continue to buy the original creator's work. It was through the realm of fanfiction that I got "into" LOTR enough to start buying and reading more of the official books (beyond Hobbit/FOTR/TT/ROTK). On this subject, I'll copy my own comments (slightly trimmed for points irrelevant to the current discussion) from the above-linked memories:
I think it's interesting that you appear to be ignorant of the origin of Official Spin-Off Novelization, in the first place. When Star Trek was cancelled, the fans wrote fan fiction. They published it in 'zines, which they sold at break-even prices, just so they could share it. They corresponded by snail-mail because that was all they had. Guess what? Several of those fanfic authors became Paramount-authorized published authors. AC Crispin is one of them, and one of my favorites. Read her introduction to TIME FOR YESTERDAY (sequel to YESTERDAY'S SON) in the Official Pocket Books Paperback if you need her version. Actually, I'd recommend you read the intros to both books, just to see a much better way of dealing with readers than what you seem to have managed so far. But it is worth noting that prior to Star Trek fanfic, no one published TV series spinoff novels, and without the fanfic, no one would have seen the market, most likely.
Guess what else? Some of the Paramount-authorized novels are drivel. Quite frankly, the books written by authors who were fans first are always better than the ones written by previously published authors who had only a passing acquaintance with the TV series. As far as percentage goes, I would have to say the novels are generally better than a lot of fanfic, but then, some of the really good fanfics so far outstrip the "published" works as to make the comparison ridiculous. It's not a one-for-one comparison; you seem to be of the attitude that, because the majority of fanfic writers are adolescents (and yes, they're usually FEMALE, not male) who do not yet have the maturity to write well, no one should be permitted to try.
Here’s the thing: fanfiction harms the copyright not at all. I know nothing about Diagnosis Murder, so I focus on the fandoms I know and understand. I like Star Trek. I have the movies on VHS, and yes, I plan to get them on DVD when I can afford them. I buy the novels when I can, and someday I want to buy the series itself on DVD. I’m involved in Lord of the Rings fandom, as well. To be brutally honest, my interactions with fanwriters and their stories have increased my interest in the published works of Tolkien, and in fact, HAVE resulted in additional book sales. Fanfiction spurred my interest enough to actually buy MORE of the officially published work. Someone else pointed out that fanfic kept Star Trek alive for more than one season. Do you think George Lucas would have seen the kind of reaction he got to the opening of Episode 1 if the fanbase had not kept themselves primed for more Star Wars adventure? There are not only fanfics and fanart, but fanFILMs in that fandom. With Lucas’ permission, if you hadn’t noticed, not on a case by case basis, but an overarching “as long as there’s no profit, you’re okay” standpoint.
It is also worth noting that the authors who aggressively pursue fanfic writers tend to alienate their fans. Since finding out how aggressively Anne McCaffrey squelched fanfic about her worlds, I have lost interest in actively pursuing her books. There are gaps in my collection, but somehow I just don’t care enough to go looking for the books I don’t have. I’ve never been into Anne Rice’s work, but there are other authors, too, who prohibit fanfic. Patricia C. Wrede is among them, I believe. Most unfortunate, to my way of thinking, because that means her world is out of sight, out of mind. As far as I know, I already had all her Enchanted Forest series before I ventured into the realm of fanfic, and so the story simply stops. The fans do start getting tired of being slapped for LIKING the series, and *will* eventually lose interest. Sounds like a class issue, at this point: the Upper Class Author, and the Lower Class Reader. Reader is supposed to “know his place,” apparently. Not happening.
And regarding the troll who pointed out that a lot of us seem to focus on SciFi; I don’t suppose you’ve noticed that SciFi and Fantasy fans tend to want intelligent discussion of the stories we read, hmm? I find it a lot easier to have an intelligent discussion of, say, Orson Scott Card’s work than some General Fiction author whose work seems little more than a bio of some nondescript person in a modern day setting who manages to get lucky with a co-worker. I don’t want to read about my neighbors, thank you, and I’m not the least bit interested in Jerry Springer.
Posted by: Chrystalline | Monday, October 18, 2004
The trouble comes in when the fanfic is better than the original, and authors keep sliding on past successes, resting on their laurels and expecting that to carry all their book sales. I've left fandoms before because the fanfic was better than the show. The dynamic is changing, and the audiences are gaining (and demanding) more from the writer/producers. It's always been about content, but pre-Internet, the audience didn't really have a way to enforce that. In the Internet era, however, people are finding ways to get the higher-quality stories they want, even if the original writers are not cooperating. Cracking down on the fans alienates the fanbase and becomes a self-fulfilling prophecy of doom, as the RIAA discovered before they finally figured out that offering a legal alternative might help. That particular aspect doesn't really apply in fanfic, but the writers who encourage fan-involvement generally come out ahead. Fans want to be included, and creators who take steps to welcome them in will be rewarded with fierce loyalty.
Viewer loyalty is the best thing for a televised series, and the biggest advantage I see for producers to focus on scifi/fantasy/geek audiences. Studios will eventually have to catch on, because internet fandom is only growing stronger and more diverse as the time goes on, and the studios that fail to grow with it will go under and get bought by the successful ones. Survival of the fittest works in business, too. The writers who produce good fiction will continue to sell their work, and the ones who write mediocre fiction will eventually lose out.
On the other hand, somewhere in all the discussion and wrangling, an interesting thought emerged. I'm not sure whether I read a wisp of it somewhere, or if this is the result of a gestalt with all the ideas flying hither and yon, but it's pretty clear that the existing copyright structure doesn't really work in this increasingly consumer-driven world. The growth of technology has made it much easier for the average person to create a book/movie/image and share it with people all over the web, and the copyright law was not written with this situation in mind. So, something needs to change, and it seems eminently reasonable to change the copyright structure.
The Music Industry provides us with a pre-existing model: Compulsory Licensing. Extend that to fiction, and fans will have the freedom to create derivative works to their hearts' content, and even profit from them - as long as they pay royalties on every copy sold. It's a very reasonable solution that doesn't end in mass lawsuits and PR nightmares. Of course, under that system, Lori wouldn't be illegal, but she still wouldn't sell very many of her books.
But hey, F_W found the photographer's site and we got some pretty pictures!