1.4) Fanfic (David Weber)
Description
This article is from the David Weber FAQ, by Cynthia Gonsalves/Daniel Bernstein with numerous contributions by others.
1.4) Fanfic (David Weber)
Note to the newsgroup: A recent inquiry about the
implications of posting fanfiction and story ideas in the
group brought up some serious issues that needed to be
addressed promptly. David Weber himself was kind enough to
delurk at the behest of some of us and gave me a prompt
response to the ramifications of fanfiction and story idea
postings on his work. Since this comes from the author
himself, I believe that David's wishes ought to be respected
and that we should not post fanfiction and story ideas to
abd-w. Failure to abide by these guidelines could make it
more difficult for David to continue with the stories we all
enjoy so much and we would no longer have the pleasure of
his company when his schedule permits. Let it be written,
let it be so. Ken Nixon suggests that "In case someone
didn't read the FAQ, and DID post fanfic, I suggest that you
recommend that EVERYONE IGNORE IT! It will make it much
easier for DW to ignore it if there aren't 10 million
complaint posts from others....." Probably a good guideline
to work from, we haven't had a real problem yet, but it's
better to be safe.
David's message follows:
For general information (ie, YOU decide what to do
with the info, Oh Archivist), fanfic poses all sorts of
problems for an author, and not just of the "how dare
you publish in MY universe" sort of hurt feelings.
As Mike pointed out in his post, it leads to a
situation in which an author can be accused of "ripping
off" someone else's idea, which can both impugn his/her
honesty and even lead to ugly courtroom scenes as some
non-pro attempts to sue because his or her original
idea was "stolen" by a pro. (This has actually
happened.) It would also be possible for a pro actually
TO rip off an idea, perhaps without even realizing that
he or she has done so. (I have never seen any actual
documentation of such an event, but I HAVE seen a
couple of stories, by authors who shall remain
nameless, in which I personally suspect that that is
precisely what happened.)
Even more importantly, the publication (even in
electronic form) of fiction based on a writer's work,
without the specific, documented permission of said
writer (on a case-by-case basis) can void the writer's
copyright. This has actually happened, and does not
represent mere paranoid fantasy on my part. Nor am I
the only writer concerned about it. Misty Lackey, for
example, has a legal contract form drawn up which
anyone publishing fanfic in her universe(s) is required
to sign and return to her before they may use any of
her material. (I have a copy of it thumbtacked to my
wall for use as a model if I ever decide to go that
way.) Anyone who publishes WITHOUT said signed contract
is in violation of her copyright and she will, if it
comes to her attention, take legal action against them.
(Mind, I suspect many authors in such a position might
take some pains to avoid having the unapproved fanfic
come to his/her attention if he/she believes the fans'
intentions were pure, but there is a limit to how many
times someone can look the other way and still convince
a judge, at need, that his/her ignorance was genuine.)
I deeply regret that this should be the case, as
fanfic is often at least as imaginative and enjoyable
as anything the writer who created the
character/universe/whatever is likely to turn out. It
is also rather flattering to an author to know that
other people want to come over and play at his house,
as it were. Unfortunately, the situation has become
such that a writer cannot allow the free use of his
universe without risking the loss of his own rights to
it, and so I must regretfully ask that no fanfic appear
on this group. Should that happen, I would have only
two choices: (a) to take legal action (which I would
hate to do and would endeavor to make as painless as
possible for all concerned), or (b) leave the group and
not return, as the only way I could avoid taking legal
action NOW and still be in a position to defend my
copyright down the road at need would be to avoid
learning that the fiction was being published,
electronically or otherwise. Since I would like to lurk
and keep an eye on what's happening whenever projects
(and things like weddings and house buying expeditions)
allow me the time, I would very much appreciate it if
it didn't happen here.
Again, my sincere regrets at having to take this
position. I checked with my attorney when the matter
first came up for me a couple of years ago, however,
and he confirms what Baen, Misty, Roger Zelazny, Fred
Saberhagen, and several other pros had all told me on
previous occasions. With that much experienced opinion
on one side of the question, I see no choice but to
believe they know what they're talking about.
Take Care,
David
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