John C. Bunnell

About Fanfic

NOTE:  This essay is aimed chiefly at newcomers to fan fiction -- but veteran readers/writers of fanfic may find the latter sections, notably "Collaboration & Courtesy", of interest. 

If professional publishing and media are the major leagues, fanfic -- or fanfiction, to use the full phrase -- is sandlot baseball and pickup basketball games down at the Y.  Writers of fan fiction aren't in the game for money; they write about their favorite characters from Star Trek or Yu-Gi-Oh or the Harry Potter books because they want more about those characters.  And while some fanfic writers go on to write and publish fiction as pros, others say they're happy to stay in the fanfic sandbox. 

On one hand, the stories are a great compliment to the creators of the characters -- it means the original storytellers have fashioned something with which readers or viewers have bonded on a deep personal level.  On the other, they open a serious legal can of worms, because copyright and trademark law frown harshly on writers who borrow other people's creative property in ways that may diminish its value.

Before (and After) the Web

Fanfic in the pre-Internet world rarely attracted much attention, because it mostly existed "under the radar", practiced by small but lively communities of fans who circulated thick manuscripts by US mail and gathered occasionally for weekend-long discussions of their efforts.  One might see "mediazines" offered for sale at SF conventions, but the prices barely allowed writers to recover their printing costs, and much of what was being written involved TV series long since cancelled and out of production.

The advent of online message services brought fanfic writers out into the open.  CompuServe, Prodigy, and GEnie all developed communities of fanfic writers -- in some cases, representing fans of popular literary universes as well as television and films.  And as the Web evolved into its present form, sharing fanfic became as easy as posting text on one's home page.

In the case of media-driven fanfic, the changes have been mostly in form rather than attitude.  The corporate owners of such franchises as Buffy and Star Trek officially frown on fanfic, but as a rule they only go after it if it's drawn specifically to their attention, and/or it's outrageous enough to make the franchise look bad (i.e. "slash", the notorious subset of fanfic that revels in intimate (and often same-sex)  relationships).

Authors of prose fiction have been less tolerant -- and with good reason.  The ease of Web publishing (and desktop publishing, for that matter) puts literary fanfic in much more direct competition with its professionally published counterpart.  Badly written fanfic can more easily trash the image of an author's original work, and better-written material can either steal "market share" from the author's books or take the characters in directions contrary to those their creator had in mind.  Even in the pre-Web world, prominent novelists including the late Marion Zimmer Bradley and Chelsea Quinn Yarbro have been involved in serious legal disputes with fanfic writers and editors; in MZB's case, the dispute deep-sixed a substantially completed Darkover novel and spelled the end of a series of shared-world anthologies set in the Darkover universe.

Collaboration & Courtesy

Despite the persuasive legal arguments that fanfiction is a legal no-no, it's often difficult for authors to mount objections to fanfic as a matter of principle.  One reason is that no few pro authors have written it themselves, though it's vanishingly rare for a writer to circulate fanfic openly after turning professional.

But there's a more significant explanation -- and it's that pro authors practice their own form of fanfiction under a different name: "shared world" fiction.  The cabals of writers behind Thieves' World,, or the Wild Cards project, or the Forgotten Realms novels are engaging in much the same sort of collective creation practiced by fanfic authors writing stories about Buffy Summers or Fox Mulder or Clark Kent.  And the lines blur even further when one looks at cases such as the 1632 universe created by Eric Flint and populated by fan authors in the Flint-edited anthology Ring of Fire -- or the novels of Jasper Fforde (The Eyre Affair and its sequels), which have a great deal in common with the subclass of fanfic dealing in "crossover" stories, where characters from one invented universe encounter characters from another.

One might argue, with considerable merit, that the better distinction -- from a literary standpoint, anyway -- isn't between "fanfic" and "profic", but between fiction written in a shared or collaborative universe and fiction written in an individually created universe (by the creator thereof).  This doesn't eliminate all of the legal quagmires associated with fanfic as it's practiced, but it does provide a model that may help both fan and pro writers better understand the creative issues involved, and it helps explain why the ethics of media-based fanfic and fanfic derived from literary sources don't always run in parallel.  Media and gaming universes are collaborative by their very nature, while the considerable majority of universes created in and for original novels are the product of individual creators.

In Conclusion....

From a strict legal standpoint, circulating or "publishing" fanfic is a risky proposition; there's always the chance that someone wearing a Copyright Police badge will show up.  (Note here that writing fanfic is not, in and of itself, generally illegal -- it's the distribution that can get one in hot water.)

That said, fanfic writers who are (a) writing in a universe that was collaborative to start with, and (b) keeping anything too (porno)graphic out of the hands of minors, are probably not in danger of rousing anyone's serious wrath.  At this late date, corporate media-universe owners can't easily rebottle the relevant djinni -- there's just too much fanfic out on the Net already.  Indeed, big corporate interests have recently stuck their toes into the fanfictional pond, launching a site called FanLib.com that's aroused a good deal of controversy among the fan community.

Fanfic written in an individually created universe -- which is to say, spun off from a professional author's novel or novels -- is another matter entirely.  Unless an author explicitly posts a "Sandbox Open" sign, the polite (and legally sound) thing to do is to leave that universe alone.

The handful of links below should allow the interested novice to investigate the world of fanfic in somewhat more detail.  Be warned that the quality of fanfic (like the quality of "profic") can vary extremely widely, and that some archive sites are more carefully edited than others.  If you go spelunking in any of those I've listed, be prepared for anything -- and remember, you've been warned.

Resources: Theory & Practice
Chilling Effect on Fanfic & Copyright
Dr. Merlin's Guide to Fan Fiction
Scrivener's Error on Fan Fiction

Archives: Read At Your Own Risk!
Fanfiction.Net
The Gargoyles Fanfiction Archive
Yuletide Treasure