A Coherent Response?
Not bloody likely. I have gone woolgathering in response to Craig's thought-provoking
post about fanfiction which manages in a short time to wield so many assumptions that I disagree with that it is difficult to come up with a good starting place. It is like looking at my living room and just wishing I could burn it down and start over. I was hoping not to have to *think* between now and Jan 5, but that plan seems to have slipped through my fingers like so much sand in a sieve. Although this post is likely to be long, I must go ahead and add the disclaimer that I am likely to leave out many worthy arguments because I tire easily.
I used to think fanfic was for the mentally ill
Let me start by pointing out that I read fanfiction-and I like it. I started reading it only a bare 6 weeks ago, and I started in the
Pirates of the Caribbean fandom. I have read a bit of
Buffy and now what probably qualifies as volumes of
Harry Potter. I am in it mostly for the sex
with feeling - as I live and expect, probably, to die in the hope of a porn flick that has a sexual relationship that appeals to me - but I understand there are tons of just generic stories about what the characters did over the summer, or what have you.
The only ones I ever saw were filled with completely twisted sexual deviancy.
I read what I think I will like, and that is easy to do in fanfic because there are all kinds of nifty plot identifiers and summaries in the disclaimers. This way I am unlikely to be caught off guard by rapefic or threesomes, in which I have no interest. Either you did not bother to read the disclaimers, or you were looking through an archive of fics not to your tastes. Or you haven't yet admitted to your tastes? I refuse to speculate on the morality of people's fantasies.
It is also a huge violation of copyright law, not to mention a morally reprehensible act.
I make distinctions between moral, ethical, and legal. It was legal to crucify Christ, yet immoral and unethical. It was unethical and of questionable morality for Clinton to mess around with Monica Lewinsky, but it was legal. It is illegal to speed and to jaywalk, also to open mail that is not addressed to you, but these things will have varying ethical and moral implications depending on the circumstances. There are still places where sodomy is illegal, but I find it neither immoral nor unethical, though I understand there are those who would disagree with me.
Which leads into territory in which we may agree somewhat, but it doesn't matter because then we quickly part ways:
It is also a huge violation of copyright law
Fanfiction is an infringement of copyright laws.
It seems that it probably is according to what is written on the web and in the law, but without precedent cases, it is difficult to say what would happen in a courtroom. I have speculated some with my friends what it would mean if we were to draw out all the similarities between
Lord of the Rings characters and
HP characters, or for that matter look at the correlation between Gaiman's boy wizard on a journey of self discovery in
The Books of Magic (published before HP and with illustrations that you would swear are renderings of Daniel Radcliffe) and Harry Potter, not the mention the coincidence in names between Rowling's work and that author who tried to sue her. Where do we draw the line between a work that is informed by an author's reading and one that is "derivative?" Craig draws the line in a different place from me and the courts have not been forced to draw the line yet. Copyright laws should protect a creator from losing income and from plagiarism. Fanfiction perpetrates neither of these crimes, and just as often the laws do not protect the creator, but the company who has bought the rights. (Just compare
The League of Extraordinary Gentlemen by the incomparable Alan Moore to
LXG and then try to tell me with a straight face that copyright laws protect artists and the integrity of their creations. Go ahead...I haven't had my good chuckle for the day.) Rowling found fanfiction "
flattering", but Warner Brothers, who owns the franchise, was "not so kind."
Not to mention morally reprehensible
But you do mention it, do you not? So I must respond that it is not morally reprehensible to take characters you love and a world that you wish you could live in and spin a story for the enjoyment of others at no profit to yourself. It is morally reprehensible to copy someone else's expression of those characters and pretend it is your own. That is why there are disclaimers at the top of fanfics identifying the creator of the characters, rather like books where each chapter begins with a quotation that sets the theme. Were the author to use the sayings without crediting them, it would be wrong, but to open a chapter of your own work with a credited quotation is both ok and flattering to the credited author.
However, much like Lenny in Of Mice and Men, the way in which they express their love can be quite wrong and hurtful and damaging.
Do I have to respond to this? Really? ::conscience poking me to speak up:: OK, I don't know of any cases where a mentally retarded fanfic writer killed rabbits and people in an attempt to first love them and then silence them. But I don't know everything. I think this turned out to be an interesting comparison since Craig would silence fanfic writers, killing their creative work in the service of the money that authors (actually publishers and toy makers) would gain. Craig claims to love writing and creating, but he would kill them rather than see them in the wrong hands. And he is prepared to identify the wrong hands. Interesting. Bolder than I am willing to be.
You're not only committing a crime, you're performing an act of negligent ethics.
Bad laws will be broken until they are repealed, and I am not convinced of the ethical violation.
If you truly respect the original author, then don't steal his ideas.
The ideas are not stolen. The characters and setting are participating in new ideas, or else it wouldn't be worth reading online. I can read the original work (and I do) for that. I respect Rowling as canon, but I have to admit that even before I discovered slash, I was deeply hurt by the inability of Snape and Harry to find common ground in
Order of the Phoenix. Rowling may never allow my beloved Snape the recognition and love he deserves, but I'm Ok with that. There are enough like-minded people on the net to soothe my narrative wound. And check out Writers' university for a
listing of authors and their reactions to fanfic. be sure and read the "more details" because sometimes the "notolerate" isnot the author's response, but the movie distributor's. You know those people who charge $20 for a DVD that costs pennies to produce and who lobbied so rigorously against VCRs and movie rental establishments. These people are not exactly the definition of "free market," nor are they bastions of artisitc expression.
If you write fanfic, please stop. It's wrong, it's wrong, it's wrong
If you write fanfic: Please_Don't_Stop.
And if you only read fanfic but do not write it, you're only encouraging unlawful acts and providing a forum for crimes against intellect and creativity
I read and enjoy fanfic and I comment on pieces that I really like (when I am not too lazy!) I am encouraging people (mostly women) to write about what is in their hearts and minds even though there is no tangible benefit to them except my praise and gratitude.
The United States has never really respected its artists. Let's all work together to turn that around.
You will never create respect for all artists by selectively silencing the work you do not approve of.