If you haven’t heard about the ebook FIFTY SHADES OF GREY by now, let me clue you in. It’s a BDSM erotica novel written as a Fan Fiction version of Twilight. It’s been on Amazon’s top 100 bestseller’s list for 100+ weeks, though Amazon wouldn’t claim it for some time (until about two weeks ago, I believe), and was finally bought at auction by an imprint of Random House for a reputed 7 figure deal!! Say what? How does a rip-off erotica sell for seven figures? You got me. Everything I’ve read bashes the novel for poor writing.
But the bigger issue surrounding FIFTY SHADES and all other Fan Fic isn’t a judgement of writting quality, but an issue of ethics. Is it the RIGHT THING to do to rip off someone else’s creative elements? Let’s begin with the definition of Fan Fic to get to the bottom of this.
WHAT EXACTLY IS FAN FIC?
“Supplemental stories written by fans of a pop-culture franchise (or, alternatively, a celebrity’s “real life”), using the show’s pre-established characters and story arcs. Can be used to fill in plot holes, or have characters get into randy, nasty sex, and lots of it.
In what are often extremely bad cases, some fanfic inserts the author into the middle of his favorite action, usually in the form of a Mary Sue or Marty Stu. Fan fiction provides a clear and compelling example of Sturgeon’s Law (“90% of everything is crud”). All but the remaining 10% of it is ghastly stuff studded with misspellings, poor grammar, and horrid malapropisms; 50% of that is usually Dead Fic.” –TVtropes.org
So how is Fan Fic so different from other fiction? Because isn’t…
ALL FICTION IS A DERIVATIVE OF SOMETHING ELSE
There’s nothing new under the sun, as they say. Roughly five ga-billion spin offs have been written using major hits as models like Harry Potter, Twilight, Austen classics, and Shakespearean plays (and many, many others).
The difference seems to be that Fan Fiction isn’t INSPIRED by another work, it feeds from it like a parasite or even copies it outright. Let’s face it. Pouring $3 sparkling wine into a bottle labeled as Dom Perignon does not make it champagne. It’s still just sparkling wine. On the other hand, I like sparkling wine–as long as it isn’t the rot gut $3 variety– and so do many readers. So where do we draw the line? I gauge it by common sense and FEELINGS.
HOW WOULD YOU FEEL IF IT WERE YOUR NOVEL?
Some would be flattered. Imitation is the best form of flattery, or at least that’s what my mom used to say when my little sister copied every last move I made. (Used to make me want to deck her) Some would want to do the same to the Fan Fic author. Others wouldn’t balk at all. Good for them. I guess it all depends on your perspective.
The part that rubs me raw is how hard I work, how much painstaking, gut-wrenching passion and dedication I’m willing to devote to my novels. Those who “write” Fan Fic with a little switcharoo here and there, only to make very good money doing so, makes me a little queasy. As a writer, as a driven, hard-working woman who believes in pulling herself up by her bootstraps, I DETEST this idea. As a smart business person and an advocate of Freedom of Speech, I applaud their ingenuity. Just keep ME, the author, out of the re-written bedroom scenes, thank you very much.
So what about all of that possible copyright infringement?
IS IT LEGAL?
If names and locations are changed and scenes are spliced and diced, recreated, and sprinkled throughout the novel, the Fan Fic “author” could, in fact, be completely in the clear. So the answer is, yes and no. It DEPENDS on on how much content is copied.
So then the next question becomes…
HOW DO WE PROTECT OURSELVES?
- Copyright your works the minute they’re finished. HERE
- Consult a fantastic publishing lawyer you trust for questions regarding copyright infringement HERE (Susan Spann is terrific)
- Sign up for Google Alerts HERE: Everytime your name or book title, character’s names, etc, are mentioned, you receive an email from Google “alerting” you. Be sure to “manage your alerts” to include any special tags you’ve chosen.
- There are many other sites designed specifically to proofread and monitor plagiarism, all varying a bit between fees and services. These include:
MUSO.com — Large companies tend to use MUSO, but any author willing to pay the fee can use their services
Turnitin.com— Check for essays, non-fiction articles, papers, etc. Many schools subscribe to this site.
Copyscape.com— Type in a URL and this site will scan for plagairized works for free.
TinEye.com— Scans for lifted images.
So the moral of the story is, protect yourself and keep an open mind. As authors, we risk being so wonderful that someone wants to treat our work and relabel it. In the age of electronica, I’m afraid this is a price we must pay as fewer books are tangible and more are copy & pastable. As readers, we demand LOTS of choices, and if we become obsessed with a particular series, hey, maybe we’ll be the very next person to purchase a Fan Fic novel.
WHAT’S YOUR TAKE?
How would you feel if your work had been “ripped off”? Or do you see it differently? Would you not be miffed by Fan Fic based on your novel? What are your feelings as a reader?
A FEW ARTILCES FOR FURTHER READING
In Support of Fan Fic Thoughtful points in an article written by Seanan Mcguire
Hilarious parody of FIFTY SHADES written by Andrew Shaffer’s alter-ego Evil Wylie (and a few of his blog posts about Amazon vs. Random House and the swirl of media hype about the book HERE)
Why a Book Flies Off the Shelves by Agent Nephele Tempest
Fifty Shades of Grey: Publishing’s Sexiest Trend à la NPR
IF YOU LIKED THIS POST CHECK OUT
“It’s a Dystopian World in Publishing”
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About Heather Webb
Heather’s historical novels have received national starred reviews, been featured in print media including the New York Times and the Wall Street Journal, and have been chosen as a Goodreads Top Pick in 2015. To date, her books have sold in a dozen countries. She enjoys helping other writers and may often be found tweeting helpful links, writing craft articles, or speaking about the industry and her love of books at conferences and retreats. For more information, see her AUTHOR page.
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I think it’s pretty sad that this “author” is profiting off a story that was her Twilight fanfic. I’ll be honest, I read a bit of the original (Masters of the Universe, which is nearly identical to the published version, 50 Shades of Grey) and I was even more offended when I saw how awful the writing was.
I have a hard time believing something like this would ever be published on its own merits.
Thanks for sharing the links on how to keep ourselves protected!
I’m with you for the most part. I’ve been going back and forth on my feelings about this whole issue since 50 Shades exploded like William the Conqueror at his funeral (smelly gross and everywhere).
On the one hand, as a novelist, it would bug the crap out of me to see someone making that much money off of a really bad knock off of my work.
However, fanfic was my gateway drug into writing fiction. I spent just as much time, if not more working on fanfic stories that I do on my original pieces. Most fan fic, while the characters/places/backstory are the same, tend to go off into creative, different stories that don’t really relate to the plot. I’ve seen some fan fics that are upwards of 500,000 words of years of writing by pretty decent writers. It’s a little hard for be to begrudge them the ability to make money off that work.
The only conclusion I can come to (and I still waver on this) is that if you write well and use enough originality, I don’t mind fanfic authors changing names of characters and altering a story. But in the case of 50 Shades (which just seems to be the bad example of everything from this to how not to write erotic romance), it should never have made this much money.
The recent biography of Robert A. Heinlein reveal that he and his fellow SF writers from the “Golden Age” used to do this kind of thing all the time. It was about the money. And publishing is always about the money, being the only industry that makes Hollywood look moral. I haven’t read “Fifty Shades of Grey” but if the writing is really that bad, then that is the real crime. But is it? I hear this same smear about a lot of books which have been very successful in the marketplace. The same complaint has been made about James Patterson and Dan Brown. Maybe they just found the right note to reach a mass audience. This is not about “literature” (whatever that is) but sales.
I’m all right with fan fiction, except when they start selling it as their own, that’s shady and probably unethical. Yet…if I had Stephenie Meyer’s money I wouldn’t have a problem looking the other way. Would probably get a laugh out of it (because it’s erotica), pass the link around, and go back to work on my current project.
I’m of mixed feelings on the whole deal. Always have been. Part of me would be beyond flattered to find that other people loved my characters enough to write about them! Part of me would be really squicked out to read some of the obscene couplings that inevitably come about in fan fics. Also – annoyed to see my beloveds bastardized with another person’s mind goo all over them. It always seems… disrespectful or presumptuous, to me. But just because I wouldn’t/don’t do it, doesn’t mean other people shouldn’t/can’t.
I don’t know. Some authors are adamantly against it in all its forms (no RPGs based on it, no fan fiction, nothing), others ignore it entirely, and still others seem to embrace it. I think, for me, I’m on the ‘flattered, but not exactly pleased’ wagon. You know?
I’m with you, Penepole. I love your phrase of “mind goo”. Great description. 🙂
JR & Francis–Yes, it is always about the money on some level. I agree with you, J.R., that if I were very successful and rolling in the dough, I’m not sure I’d give a flying rat’s booty.
First off – thanks for the link and compliment Heather!
You and I are on the same page here. To the extent I am an outspoken advocate for free speech, I applaud any author’s ability to write a work, get it published, and tell his or her tale. To the extent (s)he is telling someone else’s tale, sexed up and profited from after a round or two of “global-search-and-replace-for-dollars” I find it abhorrent.
I think the use of fanfic as a gateway to independent writing is not a bad thing, at all. I know several writers who used fanfic to “teach” themselves to write and/or to find an outlet that later turned into the springboard for original works. That said, I think there’s an important distinction between writing fanfic, even extensively, and using that as a springboard to find your own voice and content, and using someone else’s world, characters and base plot idea – particularly when you send those characters to places the author deliberately chose not to let them go.
Great post! As a fanfic writer myself – it’s always been for fun or getting ideas out of my head (where most of my wild imagination ran free years before I even knew what fanfic was) – and I have no issue with those who use this style of writing as a platform. But like you, I take offense at those not being confident enough in their abilities to scratch/lose the fanfic verse and find their own voice in original works.
The one positive I have with the 50 Shades works (and I did read them when they were fanfic on the authors blog – well until about chapter 10 of the second part) – DAMN fine covers. Simple and effective and what I – not knowing a thing about the content – would pick up to read and if not buy by image alone. Yes, I’m one of THOSE book buyers ;o)
I was hoping to hear from a Fan Fic writer. Thanks for taking the time to comment, Cass. Both you and Susan brought up a very good point–Fan Fic is a good way to BEGIN writing. After all, great books we love inspire many authors to write in the first place.
Myself, if I had the ability to write anything that might easily bring in a huge chunk ‘o change, I’d do it. I don’t see anything like that in front of me. For example, in the shoes of Henry Miller and Anaïs Nin back in the day, peeling off erotica at a buck a page was a way to keep wine and cheese on the table. The problem is, most writers don’t see the connection, or get offers and commissions–ask yourself truthfully; if you saw a path to set yourself up so that you could be writing your next piece on a beach in the Caribbean, would you take it? Me? Mos def. Also: it’s a brave new world in the realms of creativity–copyright is all but transparent anymore. Mock-ups, derivations, composites, remix, remix, remix. That’s what’s happening, and it’s what’s the hottest selling on a continual basis. Just some thoughts folks, not sayin’ anyone should change their minds about anything–and definitely not saying there is a right and wrong. Today, if you can get anyone to even NOTICE you, it’s an accomplishment. Peace.
Hi Bree, Your point is well-taken and I actually agree with you. I mention that in my comments’ section. If I were about to land a million dollar contract, I’m not sure I would care. Likewise, if I were an author already rolling in it, who cares if someone else profits from a spin-off of my already published book? My point about protecting ourselves is a valid one, however, as very few authors have A.) the luxury of money raining down upon their heads and are B.) struggling to make a name for themselves. These are the writers whose ideas are more often ripped off, unfortunately, and I find that unethical, personally. That was my biggest point. I would no sooner lift content from your blog than I would your WIP or pubbed novel. In my mind, that’s called integrity. I think we’re speaking the same language, ultimately. Thanks for your comment and happy writing!
I was really stressing a point (in my post), not to criticize your post so much (that’s why I didn’t link to it!). I did love saying it was ‘pissy’ tho! Ha! I’m a creative writer after all, I make things up. I feel that intellectual property may be a thing of the past soon enough, in a winner-take-all mixed martial arts type of brawl!!! Who knows? Either way, the thought of people performing? plagiarism makes me ill – ugh! the thought that people would actually (need to) do that. My creative writing teacher in HS used to take me in the hall and make me read my work to him – I didn’t realize it at the time, he wanted to know if it was really mine – so in the end it was a compliment! Anyway, good blog title here too.