The first is something of a misunderstanding of how legality works you would need active permission from the rights holder for fanfics to be legal and silence does not impart permission. The two most common arguments for fanfic being legal involve either implied consent - companies and authors have every right to enact a Fan-Work Ban as evidenced by FanFiction.Net's banlist but are mostly tolerant - or fair use - the non-profit, educational and transformative use of the work justifies its existence see "Legal Fictions: Copyright, Fan Fiction, and a New Common Law".
No statement on the legality of fanfic, based on works still under copyright, has ever been given in American formal law or in its courts. Thus, things like The Infancy Gospel of Thomas, a piece of biblical apocrypha featuring Angry!Uber!Baby Jesus, or variations on Arthurian Legend where there is no Holy Grail and Lancelot's affair with Guinevere never happens, would not "count" by this definition. The major distinction between fanfic and a story inspired by another story is that the story a fanfic is based on has one or more "official" versions, usually owned by a company, a creator, or both. The distinction between fanfic and original fiction, as we know it today, is largely created by modern copyright law much of classical writing is actually "fan fiction" based on older sources. In Japan, manga doujinshi (amateur "comic books") are a common vehicle and with the increasing ease of their production on personal computers, Fan Videos (ranging from anime series, to Star Wars) have also appeared. It can be in any format that can tell a story. Not all fanfic is written, though that's the most common form. Namely, that it got the Lover and Beloved dynamic backwards. In Plato's Symposium one character complains that a play by Aeschylus got the characterization of Achilles and Patroclus wrong. Before medieval French troubadours were shipping Lancelot and Guinevere, the ancient Greeks were writing plays about relationships between characters in The Iliad. Such luminaries as John Stuart Mill contributed unauthorized, original stories set in a fictional universe.
Expect many, many, many more fics to star the Ensemble Dark Horse than The Hero.Īlthough fanfic exploded along with The Internet, it existed well before the Net did. Saying "It was like a fanfic episode," though, is not usually a compliment.įan fiction is often the place where Epileptic Trees are planted and cultivated. However there are fanfics out there that are INCREDIBLY good - sometimes arguably being just as good as, if not better than, the original work.
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