Re: Fan fiction in general was: MOVED from MAIN - "sequels" to the classics

[dumbledore11214]

> Magpie:
> I don't think they're opposites. Fanfic can and often does 
encompass 
> analysis. One can put forth how s/he thinks something works etc. 
> through a story rather than meta. Or they can challenge something 
> about the story they don't like. It's not all analyzing exactly 
what 
> happens, but it's often a response to what's being said.

Alla:

Yes, it is form of the argument, agreed.

 
>> Magpie:
> That's interesting--why if you were writing a sequel or prequel? 
Oh, 
> I see--because of the Lackey thing. But that was a very specific 
> situation that was a little weird iirc. As a fan you can sue the 
> creator of any series if you have an actual case for something. 
> (Think of that person who sued JKR claiming that she'd stolen her 
> book that was written pre-HP--she wasn't a fanfic writer but still 
> tried to sue for a similar reason.)


Alla:
 Bradley, not Lackey?

Yes, you could of course, just as anybody can sue anybody. But my 
response to this would be that saying that **fanfic author** had an 
idea which creator stole from him, is how to put it nicely? 
Obnoxious to the extreme. Without author creating universe and 
characters no idea about them would enter the head of the fan in the 
first place.

Say, some sort of the idea - take LOLLYPOPS again entered the 
creator's head and fan's head roughly at the same time. Do you think 
fan's claim that he or she thought of this first should even be 
entertained?

Granted, I am speaking not from legal POV here, even though I am a 
lawyer, I am speaking from what I consider basic consideration 
towards the author, you know?

How can one even know when author first thought of it, you know?

And somebody who wrote FANFIC dares to sue the author? I dislike it 
very much.



Magpie: 
> What authors don't do is *read* fanfic. If an author read a fanfic 
> and actually took the story, they'd have lifted an idea and made 
> money off it just as anybody else would. 

Alla:

How do you know though that author does not read fanfictions? I hope 
they do not otherwise I am sure at least some of fans would go to 
court claiming that their ideas were stolen.

But didn't JKR say that she read in some fanfics that Harry loses 
his magic as the ending to the saga and even only for that reason 
she would not do this ending, since she does not want to be accused 
of stealing it?

The bottom line I agree that it is very hard to maintain control 
over Interner, but I think she can do A LOT more things to restrict 
fanfic to some degree.


Magpie:
> On the other side, some fanfic writers wound up being published--
> their fics, I mean. I think Star Trek people went legit that way, 
for 
> instance.
>

Alla:

Yes, courtesy of the copyright holders, no? Lackey selects some 
fanfics to be printed too.