The only difference is that under a compulsory licensing scheme it could be published legally. If we as a culture have gotten to the point where the average citizen seriously values the right of Avi Arad Marvel CEO to buy himself a bigger jet over the right of creative kids to express themselves, then we, as a culture, are really dumb. Those are for grownups. I had not thought of that, and it's given me something to think about. I mean, when was the last time Superman saved the world
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Anyway, what I'm trying to say is that the Western idea of a one to one coorespondence between the author's vision and the one true authorized work is part of the problem.
Your argument there bburnt one of the reasons I do it. It's the difference between filling in the spaces in a paint-by-number kit and starting from the bare canvas.
I agree that the author was breathtakingly naive to hope that she could get away with it. I'm afraid I remember the upheaval in the Tregarde fandom over the new disclaimers, the disappointment over the ending of the Darkover anthologies, and the hysteria that seemed to tinge the whole incident better than the details of the actual case.
The thing for me is that when people start talking about fanfic "diluting" the original work or whether fanfic actually "improves" the original work, the original work is owned by the author, and it is really up to the author to decide what is best for his creation. That's a commercial bargain, a public good for created right, where both sides win.
Regarding the Marion Zimmer Bradley incident: Fanfic falls under the debate about what constitutes fair use, and where spin-off works fall. It seemed logical to me that the storymaking imagination would move from "real presence in the Eucharist" to " really real presence in the Eucharist. As to what I mean by dilution, let me start with an aside by using comic books as an example. And, um, that's what I had to say about that.
However, the trend for effectively perpetual copyright seems to me excessive and actually slightly dangerous. The traditional claim of Christians wasn't that Jesus was "a nice man who taught us how to live". Was Teresa saying fanfic is always wonderful, or that its effects are always benign? In effect our contract is a license to make use of his copyright in certain ways.
It would be a bizarre thing—unnatural, even—for writers to not engage with that experience. Those in the oral tradition can tell tall stories without a lot of regard for continuity or the other fine sensibilities of the literate, because they're more concerned with immediate audience reaction to Hercules' bad-assedness. As far as dilution goes, I also read a lot of Harry Potter fanfic, and haven't noticed it diminishing my pleasure in JKR's novels.
Gail Carson Levine's Ella Enchanted? For example, perhaps I became with enamoured with the idea of the teenage Marauders in the Harry Potter series. On reflection, perhaps the reason the HP fanfic bothered me and the Buffy fic didn't is because the canon Buffy story is a finished, more or less, and b seriously flawed in a lot ways, whereas canon Harry Potter is neither of those things in my opinion, on the second item, of course.
I had to ask a couple of fans NOT to make an online game of my Pit Dragon books because we were in the middle of negotations with a movie company which like most movie deals, fell through that wanted those rights as part of the deal.
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At this writing, the character of Luke Skywalker has been part of the public consciousness for over a quarter century. What are some mechanisms by which it operates? The existance of fanfiction is 'transgressive' because it offers alternative views of the authorized work. I'm not writing about Harry finding the Philospher's Stone all over again.
Whatever moves us or matters to us will show up in the stories we tell, whether or not we have a socially approved outlet for those stories. Certainly, there's no reason that such stories can't be entertaining and emotionally valid.
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What is The Last Supper other than an incredibly beautiful piece of fanart, fashioned after similiar works of DaVinci's predicessors, all based on a scene from a really well-known book? I understand there was actual hair-pulling.
To me, plot is easy and characters are hard.
If that's done to me, then my right to profit from the labor I've put into the 5 already published volumes and the labor I've put into the not-yet-published legitmate 6th volume has been violated. How many revisions of Odysseus there've been -- most of them simply ignored in favor of Homer. I've read Kits who dabble or more in magic, and those who are Doubting Thomases until the end.
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