Would this count as fanfiction?

[Spaceranger82]

So, one of my grand ideas is to make a new sci-fi series. Big deal, right? Well, here's the twist: my series is going to be a new version of this long-lost (in other words, most episodes have been erased from existence) sci-fi television series. This series will only use five characters out of a possible god-knows-how-many from the original series, and they will be fleshed out greatly compared to their old counterparts. Additionally, these five characters constitute only part of a cast of original characters. As for the original show, I did some research and I found out that it has lapsed into the public domain.

So, with all this change and expansion, coupled with the whole lack of copyright, I'm wondering: would this still count as fanfiction or would it constitute an original work?

P.S., Apologies if this was posted to the wrong section. I'm still learning my way around this great big world.

 

[Brightdreamer]

If it's derivative of someone else's universe, it's essentially fanfiction. Unless you're sure about rights being public domain (and "unknown" isn't the same as "free and clear"), I wouldn't hold my breath on it being okay just 'cause it's too obscure for most people to know about.

You can use the show for inspiration, of course, but IMHO you're better off changing enough to make it original, unless you want to put in the footwork to track down the rightsholders for permission - which, frankly, seems like a lot of work unless this is a truly solid-gold idea that can only possibly work if it's built on that show's base.

But IANAL, nor do I play a lawyer on TV.

 

[AW Admin]

A derivative work is still a derivative work, and you need to consult a copyright attorney regarding permissions and licenses to use someone else's characters.

It's extremely unlikely that any television show has become public domain, given the complications of rights and studios. You'd need to consult an attorney to verify that as well.