Playing In Someone Else's Sandbox: What is Derivative Fiction? What is Fan-Fiction?

[dragonbat2006]

“Rewrite your favorite scene from the point of view of a different character.”

“What happens after ‘Happily ever after’?”

“What if Ophelia hadn’t drowned herself?”

“Okay, so when Shaggy and Scooby turned left and met the monster... what exactly happened to Fred, Daphne and Velma?”

When you write derivative fiction, you are writing in someone else’s universe. Often, you are taking characters that have been created by someone else and inserting them into new adventures. Perhaps, you wish to explore an aspect that canon only hinted at. Perhaps you don’t like the way the story ended. Perhaps, you wish that the story hadn’t ended, and you want to write a sequel. Welcome to the world of derivative fiction.

Is This Plagiarism?

If it isn't, can I send it to a publisher?

Plagiarism is the act of taking someone else’s intellectual property and claiming it as your own. If you are taking established characters and putting them into original plots, you are not plagiarizing, but you may be infringing on copyright or trademark. Usually, this is not a problem, since most copyright owners tolerate fan-fiction, so long as it is not written for profit. Remember: you can write any story you wish. If you choose to distribute your story to the public, however, you may only do so as long as the copyright holder voices no objection.

A list of writers and publishers who are currently known to oppose fan-fiction appears in the Appendix. These owners may threaten legal action against writers of derivative works. Most archives will not host fan-fictions that are derived from one of these properties. Should you choose to write in these fandoms, it is recommended that you do not post such stories on a public website.

If the canon material is within the public domain, then it is out of copyright. In Canada, copyright usually ends 50 years after the death of the author of the original work. This means that if you wish to write derivative fiction based on the works of authors such as:

• William Shakespeare


• Jane Austen


• Charles Dickens


• Lucy Maude Montgomery


• Louisa May Alcott

you are free to shop it around to a publisher. This is why it has been possible in recent years for authors to publish such works as March, Wide Sargasso Sea, Becky, and Pride and Prejudice and Zombies¹.

Fan-fiction (or fan-fic) is derivative fiction that is not intended to be professionally published for financial gain. In many cases, the canon and characters are protected by copyright, trademark, or both. All fan-fiction is derivative. All derivative fiction is not necessarily fan-fiction. Fan-fiction is typically published

• On a fan-fiction author’s blog or website


• In a fan-fiction archive


• On an online mailing list


• In an e-zine


• In a printed fanzine

This handbook’s focus is on fan-fiction that is published online for no fee. All the same, keep in mind that should you choose to write derivative fiction based on material that is in the public domain, you may indeed shop your work around to a publisher, if you so desire.

When your source material is not in the public domain, you will generally not be able to publish your stories for profit. There are some exceptions. Multiple authors have written novels for the Star Trek and Star Wars franchises. However, in these cases, the copyright owner retains full creative control. With original fiction, should the first publisher you approach reject your story, you are free to shop it around to other publishing houses. This is not the case with copyright-protected and/or trademark-protected properties.

Copyright owners often reject unsolicited manuscripts out of hand, preferring to deal with literary agents. A.C. Crispin, author of the classic Star Trek novels, Yesterday’s Son and Time for Yesterday, suggests that the only way to get Pocket Books (the sole publisher legally permitted to publish Star Trek novels) to read your manuscript is to sell at least one original book to a publisher. As a published author, you will be able to acquire a literary agent, who can then submit your manuscript to Pocket Books for their consideration. Even should you follow this route, Pocket Books is still under no obligation to publish your work².

If, on the other hand, you’re writing derivative fiction as a hobby and have no plans to profit from it, you can—in many cases—publish your story online, on your blog or website, or in a fan-fiction archive. The laws on publishing satire and parody for profit vary by country and are beyond the scope of this handbook.

Warning

:

Fan-fiction operates within a legal grey area. Most authors and publishers are aware that it exists, but turn a blind eye to it, so long as the fan-fiction writer receives no financial compensation for their work. Writing derivative fiction can be a wonderful hobby, but unless your source material is in the public domain, remember that you are writing for pleasure and not for profit.

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¹ Based on the works of Louisa May Alcott, Charlotte Bronte, Mark Twain, and Jane Austen, respectively.
² A.C. Crispin, Introduction to Time for Yesterday by A.C. Crispin (New York: Pocket Books, 1990), accessed June 25, 2012.