No, I’m not taking them, ha.
This is a friendly reminder that creators and publishers alike are very ok with fanfic and fan art (in particular, I am very fond of the existence of fan art), but when you charge money or accept donations (i.e. take in money) for fan fiction, you’re violating the copyright of whichever content you’re writing for.
I know it might not seem different, but the moment you’re writing about my characters for money, that’s … what I have a contract to do. I can’t even write about those contracted characters for money without getting permission from my publisher to do so.
I know it sucks to try to make it as an artist, but as artists, we’ve got to respect other folk’s work. So remember, fanfic for the fun of it, charge for your OCs.
urs,
Stiefvater
To put a super fine point on it, apart from the legal aspect: this is my
job. I pay my bills by writing stories about characters I pulled from
my dreams. Please … don’t take my job? Put the unique characters you
pulled from YOUR dreams out there when money’s on the line.Okay, but you’re treating fan fic as if it’s separate from fan art in this respect.
Let’s be clear, it’s not.
I’m going to lay some groundwork for copyright law in regards to the creation and distribution of fan work.
(By the way, my argument here is mostly going to be discussing fan art because I have more examples at the ready, but really, it applies to fic, too. The medium doesn’t change the potential for legal application to copyrighted material.)
Making fan art and fic is perfectly legal, and sharing it is grand as long as the creator isn’t Anne Rice. Selling it is where things get dicey because, yes, using copyrighted material to turn a profit is illegal, regardless of whether the content is fic or art.
So why do we see artists selling fan art and not getting in trouble, even in public spaces like artist alleys at conventions? After all, over half the work for sale in artist alleys are fan works.
Well, from a technical standpoint, they should be sued for infringing on copyrighted material. That’s the stark, black and white viewpoint.
But fan content is an incredibly gray area, which is why there are lawyers dedicated specifically to protecting artists–meaning, both the original creators and fan creators.
And let’s remember most copyright holders are fans of other content, too. They aren’t strangers to fan communities, and they have good reason to let them grow. Fans are incredibly supportive by discussing and building/maintaining hype for original content, which turns into profit as more and more people become aware of the official work. More attention turns into more fans and more people willing to spend money on official products.
Original creators want to support their fan bases as much as fans want to support the official content. Fan art and fic help keep interest in the original content alive, and when it’s free to consume, fan content clearly isn’t taking away from potential profits owed to the original creator.
When fan content is being sold, it’s taking away potential profits. This is often the hard line drawn when fan creators get in legal trouble. (It’s not the only potential line crossed, but this is going to be long enough already.)
Remember how I said fan content is a huge gray area? Depending on circumstances and the right lawyer, the fan creator isn’t necessarily in the wrong. Or at least, not as wrong as you might think.
What really makes this area so gray is the transformative nature of fan content. Illustrating or writing a scene already present in the official work is pretty different from an exploration of familiar characters in an alternate universe. And even if you’re exploring a scene already present in canon, what if you explore it from a completely different perspective? How true to character is the depiction? Is the style of writing or painting similar to the original or completely different?
If the fan content is so different from the original, how accurately can someone claim the fan stole potential profits?
A big part of the answer to that question is: how much did the fan profit? And how significant was the profit in comparison to the official work?
…and quite honestly, how much can the copyright holder be bothered to care?
Taking someone to court is a pricey venture, and if the fan’s profit isn’t relatively significant… it’s straight up not worth the time, money, stress, and potential negative publicity.
The larger a fan base, the harder it is to police its activity. Disney has one of the strongest (read: most aggressive) legal departments as a creative company, and they have their work cut out for them. They’ve now built up such a reputation that many artists won’t risk being found out.
Anime fans who aren’t in Asia have a pretty good shot at not getting in legal trouble simply because the copyright holders would have to put in a lot of effort to find and prosecute international fans, as well as the dance between the separate nations’ laws. That’s a lot of extra work for a creative product that’s already successful enough to be translated and distributed overseas. Also, marketing is pretty expensive. Why not let the fans do the work for them? No, it might not represent the work accurately, and yeah, the fan might make a few bucks that could have gone to an official marketing team, but in the long run, it often still leads to official profits. Familiarizing potential audiences and projecting an image of popularity leads to actual popularity from actual audiences.
And fan bases serving as an unofficial marketing team is a pretty cost-effective strategy at the end of the day.
I’ve gotten away from op’s point a bit, which specifically discusses profits gained by fan writers, and I generally agree with the sentiment.
Namely, I agree with not using other creators’ original content for personal profit when the original creator could not comfortably sue me for doing so.
Let’s say someone wanted to commission me to write a Homestuck fic. I wouldn’t do it. Andrew Hussie and his team are their own distributors and have limited channels of gaining profit, even with the large fan base. (For this example, I’m ignoring the go-fund-me donations.)
However, if someone commissioned me to write a Harry Potter fic? Damn right, I’d take it. J.K. Rowling is not hurting for money, and any profit I gained in that venture would mean absolutely nothing to her.
Everything is relative, and in essence, copyright law is fifty shades of gray.
I’m reblogging this commentary because I’ve gotten a lot of questions about where fan art falls in this, and whether this is an ethical, legal, or financial issue, and also to highlight this again: “Making fan art and fic is perfectly legal, and sharing it is grand as long as the creator isn’t Anne Rice. Selling it is where things get dicey because, yes, using copyrighted material to turn a profit is illegal, regardless of whether the content is fic or art.”
This is a pretty good look at the nuances.
Creative control
Who owns art?
Certainly the artist has some integral claim, and might reasonably want to make sure that other people don’t get credit for or profit from their work. Plagiarism is roundly condemned. A tumblr example is posting someone else’s photo or art without crediting them; most especially if you’ve lifted it unedited from the original artist’s own post. You would then be garnering likes and reblogs that by rights “belong” to the artist who made the work, you are stealing attention and reputation from them.
But then; who owns REACTION to art?
If a story, a film, a picture, a poem, a statue, a song moves the person experiencing it SO MUCH that they are in turn inspired to be creative in response – that would seem the highest praise one could give. Do they re-crop and re-tint a photo? Write a story with the same characters / in the same world? Draw their own picture? If your art stirs the imagination in others and births more art, how are we anything but enriched?
The problem is when people want to control the reaction to art. Whether it is the original artist themselves, or the company making money from the art, when people are told that they are responding wrong, stop, behave the way I want you do then things get problematic.
When it’s men telling women (again, here as well) that their reactions and desires are less important, less valuable, less respected than what men want and do.
When it’s an author hoarding her characters like a dragon, spitting fire at anyone who wants to imagine them differently.
When it’s music studios that shut down remixed songs so that no-one gets any money from anything their artists did but them.
When we stifle creative reactions to art, we are stifling art.
Because the fan that writes those stories using characters and a universe established by other authors? Those are original works too. Those are stories that can be plagiarized. Those are stories that can be criticized for having the “wrong content”. Those are stories that can have their own fans, who may in turn make more art in response.
If you want to say that “fan” art is somehow less valuable than “real” art I ask you – what is your criteria for “real” art? If it in any way boils down to “art that makes someone money” then you are not valuing art, you are valuing capitalism. If it is “original only” then I invite you to find me any art that does not in some way borrow elements from predecessors. If it is (even if you can’t admit it) “art created and/or controlled by men in some way”, well, you can see yourself right out.
When we stifle creative reactions to art, we are stifling art.
Fan art is art.
Why you should draw fanfiction art
Recently I’ve been going back and forth on whether or not I should continue drawing art for fanfictions. Because of my internal struggle I decided to write out all of the positives that come with drawing fanfiction art as a reminder to myself, and maybe even convince some of you artists out there to consider it in the process.
1.) They deserve it
Fanfiction writers create some amazing stories, sometimes they even create characters or worlds. These things take some serious time and skill! They spend their personal time to create free stories for your enjoyment. Creating art for them is a great kindness to fanfiction writers who have given you ten times that kindness back.
I don’t really give reviews of fanfictions. Mainly because I never know how to explain what I like about a fanfiction without giving them a ten page paper or ending up sounding like a pterodactyl. Drawing art is a great way to show your appreciation without screaming in their faces!
2.) It is great practice
Very rarely do I have something that allows me to draw demonic dolls, blushing demons, a man whose slowly breaking apart and going to space, ghost gangsters, robots with electricity sparking from them, a boy with a bloody knee blaming it on parkour, desperate hugs, two men fighting off ice cold oceans waves, the list goes on and on!
Fanfiction provides some great scenarios for art, that let me branch out and try new things. It’s a great challenge!
3.) It gives them a reason to keep writing
Do you enjoy this fanfiction writers work? Want to keep them excited about writing so that way you can see more great, high quality, work? Well boy oh boy do I have the solution for you! Fanfiction art!
Fanfiction art, at least to me, is a big way to show you care. Writers put time and effort into their pieces and you have given back something that also has time and effort put into it. Seeing that kind of support can really encourage a fanfiction writer! With fanfiction art you are showing that you deeply care about their work, that you are inspired by what they’ve done.
If that’s not a big thumbs up, I don’t know what is!
4.) Positive response
I’ve seen some fanfiction writers response to my art and let me tell you, it’s positively heart warming. The writers who I have drawn for have been so excited with the art! I don’t know about you but seeing someone who deserves something get it is super satisfying. Of all the reactions to my art, fanfiction writers reactions have been the ones I remember the most. There responses kept me smiling for days on end, it’s truly moving.
Don’t be afraid to show them your art!! Let me tell you my art is not perfect but I worked hard on those pieces that I gave those talented writers, and that is enough. It’s the thought that counts, and fanfiction writers deserve as many supportive thoughts as they can get!
As a fanfiction writer, I’ve been very fortunate to receive some beautiful pieces, and some funny pieces, from readers who spent their valuable time creating art of my story, especially my OC.
There are not enough words to express the feeling I get when I see that someone enjoyed my writing enough to create art about it. It’s the ultimate compliment and should never be taken for granted. It’s inspiring and it’s refreshing to see your characters and your story through someone else’s eyes. Sometimes these pieces influence your writing and influence the creation of new scenes.
If you create something based off of a fanfic you’ve read I highly recommend that you share it with the author. Rough, sketched, polished…doesn’t matter. Your piece of work may be the only compliment, comment, or positive reinforcement they’ve received in a while. Trust me, your writer loves it. And sometimes, they need it.
The stages of someone sending me unexpected art based on my fic:
- Cry (no really; actual tears from my eyes–THIS ALWAYS HAPPENS).
- Internally freak out. Externally freak out (usually involves a lot of bouncing in chair.)
- Show someone. Usually husband. Often cat. You know that picture of Will Smith and Jada Pinkett Smith where he’s like “LOOK AT MY BEAUTIFUL WIFE?” – I’m like that. Only “LOOK AT WHAT SOME BEAUTIFUL PERSON HAS DONE.”
- Reblog art usually accompanied by excessive use of caps lock and/or exclamation points. (!!!)
- Have exceedingly warm happy feeling for days, renewed up every time art is remembered.
- Save on computer; look at art every time sad, discouraged, in need of inspiration.
- Basically never stop being amazed at how wonderful people are.
Whenever people have made art of my fanfics I’ve just… completely lost the ability to think for the rest of the day. It’s so incredibly overwhelming that someone to take the time to put effort and talent – their amazing, glorious talent – into making something based off things that I, stupid little me, wrote.
Truly, fanart of fanfic is the best gift.
This has only happened to me once, and eight years later I still treasure it.
I would love art of my fanfiction.
Casual reminder to fellow artust that we can single handedly make someone’s day a little more awesome.
/Was there a particular interesting moment, or a piece of fan art that made you cock your eyebrow? There have been so many weird things out there./
So many weird things, but also so many beautiful things. First of all you’ll get surprised at the amount of talent out there when it comes to drawing or painting, whatever. That is like, this is crazy. You should be a millionaire doing this. But they’re not. They’re just in school doing something else, right?
But it’s the passion of the fan art that is really impressive, I think. That so many people are doing it but also that they find each other and it becomes an identity for some of these people, who may not… some of them may not have a big social life, and now they have an enormous social life with all the other people. That’s a fantastic situation, I think.
Mads Mikkelsen, Mads Mikkelsen on Hannibal, Cannibals and Star Wars
gotta love how the interviewer plainly tried to make mads talk about nsfw fanart here but mads took the opportunity to once again prove that he’s the nicest and the sweetest celeb ever, god bless
(via t-w-a-m-p)
