For years, I wrote hundreds of thousands of words in fanfiction. Now I admit, it was not my best writing. But it was a great outlet to keep me writing, hone my skills, and just generally cheer me up.
Now that I'm working on publishable endeavors, I don't write fanfiction as obsessive-compulsively as I used to. But I leave my fics posted on fanfiction.net, because it's an archive of my angsty teen pre-college writing, and I still receive comments from fans and flamers.
Is any of that under your name, or under "tomothecat" - basically, what I'm asking is if you publish somthing, can the author of the published work be traced to being the same person as the fanfic that's up on a website? It seems to me that an agent or publisher, if they found out about it, would ask you to remove your fanfic from the web.
So it really bothered me when I opened my inbox this morning and had the following to emails (within about five hours of each other):
1:
About your fanfiction,
I was wondering if you would give me permission to post your fanfiction on my
website. It is , and I am endeavouring to turn it into a website for a
democratic people's culture, although it has not much on it right
now.Thanks,WateryGlow
and 2: Well, I can't wait for you to reply to me, but if you find it on the website,
please just don't sue me for it! I don't have much money, and I'm not trying
to make money off of it, okay?
Now I find this incredibly upsetting, not to mention rude. Asking for permission is one thing (I would have said no but thanks anyway, for the record). But not even waiting HALF a DAY before deciding "okay I don't feel like hearing from you, so I'm going to go ahead and post your hard work on my site without your permission."
Maybe it's just some mediocre fanfiction, but it's MINE.
Well, yes and no. I presume your fanfic is based on characters from original works that are still under copyright, and you don't have permission to use them? If so, you're also violating copyright by using those characters, and the writing is not all yours.
Is this a grey area of the law? Do characters need to be protected by trademark to enforce them not being used by other authors?
Don't worry, this guy could be in "a heap of trouble" because he's violating the rights of TWO entities in one fell swoop: Yours, and the original author's writings on which you based your fanfiction.
I think I'd CC any takedown notice directly to the offendor's host, and it might also be a good idea to not use words such as "fan fiction" or "fanfic" in your notice... But I didn't just say that, and I am not a lawyer, so you can't blame me for anything.
I know fanfic gets a "pass" on some sites (but be clear, NOT on Absolute Write, to maintain AW as squeaky-clean) and is apparently even encouraged on the site you indicated, but that doesn't make it perfectly legal and okay. From looking at the Wikipedia entry for that site, a dozen authors have notified the site and told it not to host any works derived from their writings. I'm a little surprised there aren't more. But for practical purposes, it looks like posting fanfic on the web is something you can "get away with" until the original author asks you not to.
Random off-topic question: Does anyone write fanfic based on public domain works or characters?