GWTW Fanfic Provokes Lawsuit

[Jim Ferer]

Michela:" 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."

My point is that authors depend on a relatively small group of 
hard-core fans to keep the reputation and buzz about their work alive. 
I''m guessing that some of the authors you name have the 
zero-tolerance policy because of 1) Worry for legal entanglments such 
as those I mentioned or you mention below, 2) Fear their reputation 
will be diluted by fanfiction of varying quality, or 3) Irritation 
like that Niven felt.

Michela:"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."

It seems to me you contradicted yourself here, if you mean these 
authors do indeed allow fan fiction. I never thought McCaffrey felt 
ill-will towards fans; I did suggest indifference about irritating a 
hard core fan base with such a strict policy.  These fans who she 
steps on about gaming in the Pern world, for example, would be the 
first to run out and buy an official Pern-based gaming system and 
promote it if it was any good. I've been to Worldcons where a lot of 
the pros come. They know this and do everything they can to make that 
core fan base happy.

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

Of course they are. An author crosses the line from success to crass 
commericalism when he or she churns out "product" of lesser quality 
just because it's their best shot of making big bucks. (See 
"Hollywood.") Cartland is an example, and quite a few others. An 
example of the other side is Conan Doyle, who tried to stop writing 
about Sherlock Holmes at the height of his success; the fans wouldn't 
let him stop. Robert A. Heinlein didn't latch on to a series and beat 
it to death, either. There's a continuum that runs from pure artists 
to hacks. I most respect the authors who do well by doing good work. 
JKR is one of those; she's changed nothing for commercial reasons.

Michela:[about tolerance of Star Trek fanfic]"Yeah, God bless Gene 
[Roddenberry].  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.)"

Slash didn't start with Harry Potter, did it? There was an awful lot 
of in the heyday of original series fic. I saw one called "Spock 
Enslaved!" with fanart of Spock in chains (or leather, whatever). 
Somebody had taken most of our favorite first officer's clothes as 
part of the enslavement process.  Fanfic didn't hurt Trek, did it? 
Quite the opposite.  It's a lesson some authors would do well to 
learn.

Michela:[about a fanfic author's suit]"The result of this was that her 
[Marion Zimmer Bradley's] agent and  several professional groups and 
other lawyers 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."

That *is* a shame. We all lost on that. That's why I feel that in 
justice it ought to be open season on fanfic with respect to the 
original author. IOW, JKR should be able (not that she would) to take 
anything in any Harry Potter fic without fear of being sued. Fanfic 
authors would gain by being able to write fanfic, and the pros would 
gain as well. Not by being able to take other people's ideas; authors 
would be able to benefit from the buzz created by fanfic. 

I am willing to give up any rights in my fanfic in exchange for being 
able to write it. 

I say fanfic is helping JK Rowling by keeping interest in her world 
high. This board would be a lot slower without it. I believe fanfic 
can help an author or a series. (I keep thinking of Grateful Dead fan 
concert tapes when I think of this. Those tapes never hurt the Dead.)

I'm glad somebody has given as much thought to this as you have. I 
hope the lawyers don't end up putting a chilling effect on what is 
actually a positive force.