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Old 11-12-2012, 05:09 PM
 
Location: Georgia, USA
37,140 posts, read 41,343,367 times
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Quote:
Originally Posted by lovecda View Post
That, I don't know. I've read some fanfic, but it hasn't really interested me and I'm much more interested in writing my own stuff than being constrained by someone else's ideas. But with so many people out there writing fanfic, I guess there's an appeal to it. I suspect people are just so eager to see new stories about their favorite characters or see those characters pitted against new circumstances, they want to read those things faster than any individual author could ever produce them.
The author I mentioned above takes about two years to write a new book. Since I do not think anyone else can write about her characters the way she can, I would have no desire to read fanfic about them.

I am always on the prowl for new authors, though. I would pick up something original before reading fanfic.
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Old 11-12-2012, 08:29 PM
 
Location: Land of Free Johnson-Weld-2016
6,470 posts, read 16,422,447 times
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I've only written one fanfic, but it was extremely adult in nature. LOL Normally I read these on LiveJournal, but I toned mine down, copyrighted and published it. I was also afraid to use the name of the actual stars, so I changed the names a little so they sounded similar. I am not sure if a star can sue you for using the stage name in a for-profit fanfic.

Anyone aware of the legality of doing this?

OP if you're interested in reading it (and are legally allowed to read adult material), I can PM you the Kindle link.
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Old 11-14-2012, 12:59 PM
 
Location: Coeur d'Alene, Idaho
414 posts, read 1,096,518 times
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Quote:
Originally Posted by kinkytoes View Post
Anyone aware of the legality of doing this?
Since you changed the names, it's probably not illegal. Almost certainly not if you changed their character enough to not be instantly recognizable.

I think if you have good judgement you can avoid any legal troubles as far as that goes.

You essentially just can't defame them (Defamation - Wikipedia, the free encyclopedia) or do something that would dilute the value their names carry.

Disclaimer: I'm not a lawyer, I just keep on top of it as much as possible since I'm in the media/writing business. The only way to know for sure about the legality is to talk to an attorney who is well-versed in defamation law.
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Old 11-14-2012, 03:35 PM
 
Location: Georgia, USA
37,140 posts, read 41,343,367 times
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Quote:
Originally Posted by lovecda View Post
Since you changed the names, it's probably not illegal. Almost certainly not if you changed their character enough to not be instantly recognizable.

I think if you have good judgement you can avoid any legal troubles as far as that goes.

You essentially just can't defame them (Defamation - Wikipedia, the free encyclopedia) or do something that would dilute the value their names carry.

Disclaimer: I'm not a lawyer, I just keep on top of it as much as possible since I'm in the media/writing business. The only way to know for sure about the legality is to talk to an attorney who is well-versed in defamation law.
So it would be possible to defame a fictional character? Interesting.
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Old 11-14-2012, 04:59 PM
 
Location: Land of Free Johnson-Weld-2016
6,470 posts, read 16,422,447 times
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Quote:
Originally Posted by suzy_q2010 View Post
So it would be possible to defame a fictional character? Interesting.
I think lovecda means if you are writing about an actual person.

The fanfics I indulge usually are about certain celebrities. The writer makes up imaginary situations using the artist's real name/stage name, physical characteristics and possibly even facts from the person's actual life. Creepy, right? Welcome to fanfiction.

Normally a lot of fanfiction is for free on fansites so fans can share the stories. But I think if I were famous, I'd be offended by some of the fictions if my name were included and the stories were sold for profit. I think lovecda is saying you can't write a novel about Brad Pitt, for instance and publish it.
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Old 11-14-2012, 07:53 PM
 
Location: Coeur d'Alene, Idaho
414 posts, read 1,096,518 times
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Yes, I was referring to defamation in terms of actual people in that post.
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Old 11-14-2012, 09:11 PM
 
Location: Georgia, USA
37,140 posts, read 41,343,367 times
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Quote:
Originally Posted by lovecda View Post
Yes, I was referring to defamation in terms of actual people in that post.
I'm showing my ignorance of fanfic!

I assumed it referred only to fictional characters.
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Old 11-15-2012, 06:08 AM
 
Location: Cushing OK
14,539 posts, read 21,283,482 times
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I have been writing fanfiction for the last ten years or more. I started back on usenet in alt.startrek.creative, including when DS9 was on. Not only was the show's producers aware but one of the writers posted now and then. The idea is you put a disclaimer, they aren't your characters, and you can claim yours. But all but a few authors and shows don't discourage fan fiction. fanfiction.net has a list not allowed which is short, all by request.

Mine is for the most part trek, and DS9, but I have some Jericho stories and even did a Bewitched story which had been on my mind for years and years. What if, when Darren was made a warlock, it stayed that way???? Story turned out very different than it origional idea, but it did just what I wanted it to.

Most of my stories are alternative timelines. The DS9 stories have so far two VERY long novels about alternate endings of the Dominion war. In Surrender they lose that battle over Cardassia and make it back to the station in time for it to be captured. Its a story about what captivity, abuse and slavery do to people and how they learn to bend to survive. I actually did research on this from diaries of real people in the sort of place they are in before writing it. There is a sequal written in longhand which I'm going to finish. The other is a slightly different alternate. Legacy is ww1 in place of the ww2 model except ending with Korea. They try to evacuate and end up on a small ag station which can't feed them all. The ships are above and stipulate the rules. And make their own 'command' execute them. Similar but not the same as they are different people who have never fought the battles yet and go to sleep wondering if they're going to lose. I like to go serious and grim, and try to say something. Most of the characters are my own, just a few show characters at the point the next story opens about the active Occupation.

My problem with so much ff is its mary sue... author places self in relationship with favorite character, or its romance where it would be unlikely. And posting what you haven't finished, or at least laid out. Its MADENING when its good. On usenet there was a tradition of helping out first time people by reviewing and doing beta reads which did produce some much better writers. I ignore the romance stuff mostly. I've used first person present in Surrender, and with most of them multiple first person not present scenes. I still wish usenet was active since people did comment and gave feedback and I met a couple of very good friends, one who did a nearly professional edit for me, and who really taught me much of what I have learned.

There is a lot of bad fanfic, but then there is some very good. Most concerns know it will be written since fans want to tell their stories, and recognize that if you really love a story, you can't help but think of the stuff you didn't see.

Zines sold for their production costs, some quite elaborate, but they weren't profit making operations. So long as your not selling the characters/show/setting and use a disclaimer, there hasn't been concern.

And for some shows, it means they are remembered. Star Trek would not be making movies if it wasn't for fan fiction. There would be no tng, or DS9 or Voyager. The origional show ended in 1969, and there was a brief animated series. The pro books came out after the cancellation, but the first were written versions of the episodes. But people wrote their own, packaged them in fanzines and a whole new life started for the story. Some of it was really bad, some just bad and some very good. A couple of books were published of the best stories. For over ten years, the ONLY new Trek was written by those who loved it. But what this did is keep it in the fan's attention and people never stopped writing letters for that ten years. They also redefined the emphasis of the stories, since in tos it was mostly about the planet. In stories it was about the relationship between characters. The McCoy-Kirk-Spock relationship was allowed to blossom FIRST in fanfiction, and became a core of their story. TNG was about the planet, but just as much about the crew and their own lives and relationships. That is what has held the fascination of fandom, not the fx or the ships, but the people and the fans told them themselves in their stories.

I know of two authors who now write professionally who started writing trek fanfic and I'm sure there are others. You have to expect uneven quality, but people come to follow an author. I find that in many cases, it actually enriches a setting because its often about the stuff which isn't of sufficent importance to make the scene given time constraints, but makes the world its set in real.
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Old 11-15-2012, 06:28 AM
 
Location: Cushing OK
14,539 posts, read 21,283,482 times
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Quote:
Originally Posted by suzy_q2010 View Post
The author I mentioned above takes about two years to write a new book. Since I do not think anyone else can write about her characters the way she can, I would have no desire to read fanfic about them.

I am always on the prowl for new authors, though. I would pick up something original before reading fanfic.
A friend of mine wrote a DS9 (trek) novel about the Dominon war, and time travel taking them to Auschwitz in 1943. She worked at the Holocaust Museam and every detail was correct, even the numbers of the work commandos and what they did. She sent it in to see if it could be published. They rejected it, saying the quality was more than sufficent but it was too long and most of all they don't allow time travel in the novels. So she posted it as a fanfic. (it can be found on fanfiction.net)

Sometimes really good stories don't get published because the 'rules' limit what the author can or cannot use and where they can take the story. This deserved to be published. I was one of the beta readers for her, and would read it while watching my son play. Because of 'formula' I've generally found well written fan fiction far more interesting and involving than the 'pro' novels generally are.
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Old 11-15-2012, 09:29 AM
 
1,721 posts, read 1,522,207 times
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Another reason why I would sometimes try to avoid reading Self insert fanfiction, especially if it was written by a girl.
I mostly avoid the LOTR self insert fanfic because it usually involves OC with Legolas.
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