anogete: (fantastic planet)
([personal profile] anogete Jan. 13th, 2009 04:43 pm)
I stumbled across this article while wasting time at work. There was a bit of legal discussion in there regarding fanfiction that I found really interesting.

Friction over Fanfiction

"Henry Jenkins, author of Textual Poachers: Television Fans and Participatory Culture, argues that the impulse to write fan fiction is no different from the creative impulse driving any other narrative genre. It is part of a fundamental human need to tell stories, part of a “shared cultural tradition” dating from Homer onward. According to Jenkins, the works on which fan fiction is based serve for fan communities the same purpose as myths and folklore served in earlier times, as a source of shared references having instant recognition in that community and a source of raw material for fans’ own creative works. Contemporary web culture is, he says, the traditional folk process working at lightning speed on a global scale."
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From: [identity profile] marasmine.livejournal.com


Interesting article. Be good if they could come up with something concrete.

From: [identity profile] anogete.livejournal.com


All these interesting legal arguments were brought up in the article, and then at the end the author just shrugged her shoulders. I guess everyone is tip-toeing around the issue because any firm decision on it could possibly swing in favor of the author.

From: [identity profile] marasmine.livejournal.com


The 'shrug' was annoying. I suppose that if they ruled on it in favour of the author that would cause more problems in the published world. Who owns the cliched ideas? Who owns any of the formula plots in any genre? If they start prosecuting fanfic writers for a form of plagiarism where do they call a halt?

Personally I think a standard disclaimer should be good enough. Maybe it needs to say that the fic does not reflect the thoughts or opinions of the original author as well as stating their ownership of the characters and setting. There seemed to be some concern over idiots thinking that the fanfic was approved by the original author and damaging the author's reputation. I couldn't really see the problem myself.

From: [identity profile] bleedtoblue.livejournal.com


Depends on what concrete thing they come up with! I'd hate to be banned for having fun.

From: [identity profile] anogete.livejournal.com


I might cry if TPTB start ripping fanfic sites off the internet. How would I spend my time?

From: [identity profile] theredzebra1.livejournal.com


I love the quote, as well as the idea that fanfiction is a way of owning our stories and our myths. The idea of intellectual property baffles me. How can someone own an idea?

From: [identity profile] anogete.livejournal.com


I really enjoyed the quote I included in the blog entry, too. It explains exactly how I feel about fanfiction in such a concise way.

From: [identity profile] dreamy-dragon73.livejournal.com


Very interesting article. It seems nobody wants to take a definite legal stance on fanfic, which is fine with me as long at it keeps the good stuff around :D

I like the idea you quoted very much. I find it fascinating that we share stories and can relate to each other via the fanfic references especially in the hp fandom which seems to include people from many corners of the world.

Which reminds me that I'll finally have something to read for you at the end of the week if you like.

From: [identity profile] anogete.livejournal.com


I would love something to read! Yay! Send it whenever you're finished.
.

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