Fanfic & Copyrights

[Penny & Bryce Linsenmayer]

No: HPFGUIDX 9572

Hi --

Amy wrote:

> With all the recent discussion about copyrights, I've got another question that's been buzzing around in my head since I joined the HP fandom.  <snip>  So...here's my question...is it just different in the book fandom world?  I was completely floored when I saw that fanfiction was mentioned in the merchandise guide and I seem to recall fanfic being mentioned in an article or two, but I could be wrong about that.

As Carole said, most fanfic writers rely on the fact that they derive no commercial benefit from their work.  Smart fanfic writers also include some sort of disclaimer at the top, attributing the canon characters & general HP universe to JKR.  The reference I saw to fanfiction in the Merchandise guide is just that it's out there on the web.  It's certainly not a collectible item, which is what I first thought you meant.  <g>

Kelley wrote:

> Now, about fanfics:  I've been thinking very often lately, how nice
> it would be to have the 'best of' HP fanfics compiled as a paperback
> book.  I know absolutely nothing about the feasibility of this or
> what it would entail.  Can anyone onlist comment on this?  The most I
> can offer is that I would buy at least one copy (of each volume ),
> maybe two... ;o]
>
If you're asking whether or not something could be compiled and sold *at cost* (with no profit whatsoever), I suppose that's a possibility.  But, if a fanfic writer derives any commercial benefit or profit whatsoever, they've just lost whatever defense to copyright infringement they may have.  I'm still not entirely clear how firm a foundation most of us fanfic writers are on anyway -- hoping Heidi will chime in.  I have made sure that the ASA disclaimer is worded very strongly & is included on *every* chapter that we post.  To those fanfic writers who've only been putting it on the first chapter of their multi-part fanfics, I'd caution that it's better to be safe than sorry in that regard.  And, if you're a fanfic writer & not including any disclaimer ... well, better you than me.  <g>

Penny


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