GWTW Fanfic Provokes Lawsuit

[Michela Ecks]

--- In HPFGU-OTChatter at y..., "Jim Ferer" <jferer at y...> wrote:

> It's sad. Ms. McCaffrey doesn't know or care that the good will of 
the 
> cadre fan base is essential to the success of an SF series.  Maybe 
> they want to keep their options open on marketing gaming systems 
based 
> on Pern.  

I think she does care about the good will of her fans.  There are 
several authors like Larry Niven and Lawrence Watt-Evans and Alan 
Dean Foster and Robert Jordan and Chelsea Quinn Yarbo and Anne Rice 
who have a ZERO tolerance policy for fan fiction.  That means, you 
cannot write fan fiction derived from their work.  Some of those 
authors have gone after fans who have violated their policies of NO 
and NO and NO.  Larry Niven, or so the story goes as far as I have 
been able to ascertain, doesn't allow fan fiction because some of the 
stuff he read derived was so bad he couldn't stand it.  He didn't 
want his name sullied because of the crap.

Anne McCaffrey, Ellen Hayes, Mercedes Lackey and some other authors 
have policies about fan fiction derived from their work not out of a 
sense of ill will towards the fans.  They recognize the powers of 
fans so they give them the chance to write fan fiction.  If the fan 
violates their good will when the author says "Go ahead but I ask 
that you do this and this and this." by giving them the metaphorical 
finger... then, no offense, the fan deserves to be sicqued on by 
authors.  Some authors do not make much money and have honest and 
geniune concerns where fan fiction is concerned.  Saying you're a fan 
doesn't give you free license to play with their toys.  The fact that 
they offer a chance to fans to write it is a demonstration of their 
good will.
 
> McCaffrey has always been a commerical-minded author compared to 
JKR; 
> JKR intends to write her seven books and that's it. 
> McCaffrey, OTOH, is trying to be the Barbara Cartland of SF, 
churning 
> 'em out at an endless clip. I read and enjoyed the first three 
books 
> of the series, before the franchise became Silhouette Desire in 
Space.

Commericial interests are important to authors because that is how 
they make their living. 

As for Barbara Cartland, the lady in pink, we discussed her on Gad 
Awful Fan Fiction's message board and she's ummm... quite a 
character.  (Okay, so I picked up a book of hers by accident.  The 
back was horrendously self gratifying.  640 books is annoying and why 
write FOUR authobiographies.)

Marion Zimmer Bradley was amazingly prolific.  Lois McMaster Bujold 
has products out derived from her books and I don't see the same 
complaints... 
 
> I remember back in the 1970's that there was at least one, and I 
think 
> more, anthologies of Star Trek original series fics published with 
> Paramount's blessing and even participation. I'd give a couple of 
toes 
> to be included in a collection like that of HP stuff.

Yeah, God bless Gene.  He loved fan fiction and found the whole 
phenomom amazing.  He even allowed a book by Sandra Mulbreath and 
Myra something (I know I goofed up their names) to be published.  The 
book went down as one of ths slashiest books in Trek EVER.  (I love 
the cover of one edition I own.  Spock is holding Kirk.)
 
> The biggest difference - and I hope it matters - is that JKR 
herself 
> *likes* fanfic and considers it a compliment to her. 

A lot of authors I interviewed via e-mail for a paper found it 
flattering and complimentry but I'd say half still don't tolerate it.

>She even admits 
> to having read some,[wouldn't you like to know which?] which most 
> authors would never do. They're afraid some N***y S******r like 
person 
> will claim JKR "stole" an idea from a fanfic to use in canon.

This is, strangely enough, a very REAL concern to writers.  Back some 
time ago when Marion Zimmer Bradley was still alive a fan fiction 
writer sued MZB for theft or copyright infringement or something like 
that.  She demanded half the royalties and to be listed as a co-
writer on the book.  The legal situation got so out of hand that the 
Marion Zimmer wasn't able to publish that Dark Over novel till 
several years later.  The result of this was that her agent and 
several professional groups and other lawters and agents advised 
professional authors not to read fan fiction.  In fact, they advised 
some to not read ANY work sent to them by fans even for critiquing. 
Some of those authors who don't include Chelsea Quinn Yarbo (Sued a 
fan.  Fan story is stalked.  Pro story is fan wouldn't do as 
instructed which was to cease and desist.), Katherine Kurtz, Mercedes 
Lackey....

I've been researching how the law may apply to fan fiction (as a lay 
person) and the author doesn't actually have to read the story.  The 
fan just has to prove that the author had access to.  It's why Terry 
Pratchett will leave ABP if fan fiction is posted there.  He wants to 
avoid a law suit.  It's also why I am concerned that JK Rowlings 
reads fan fiction.  (She's on the record twice that I have been able 
to find as saying she has read it.)  She is opening herself up to a 
lawsuit.

> Me, I'd 
> be honored, and I'd feel JKR has an absolute right to anything in 
HP 
> fanfiction. It's her universe. (I wouldn't turn down an autographed 
> copy, however).

Me, if I ever had my work stolen like that, would be annoyed.  It's 
my creative work and theft if theft...   From pro authors, it would 
be the worst.  Anne Rice really riled up her fans when accusations 
came out that she was plagarizing their works.

Michela Ecks - Spastic Hale Girl - :o)
http://writersu.s5.com/ micecks on aim