Sunday, May 4, 2014

DTC 356 Final Project : Fanfiction and Fair Use Laws

 The Wonderful World of Fanfiction Justification Paper

I decided to focus my final project on the ideas and issues raised when we spent time studying fan fiction, Mary Sues, and how they fit in with copyright law. Fan fiction was very important to me in junior high. I never thought I could write creatively, and I never thought I would like writing creatively. The group of friends I hung out with wrote fan fiction, and introduced me to it, so I started to write it for a while as well. I eventually got bored with it, and moved on to writing my own stories, but it was still like a gateway to writing for me. Due to this, I have always found the struggle of fan fiction and copy write law interesting, as that was always a big debate, and one that I had followed when I was actively writing it.
I decided for my project to create an informative website. This website is aimed toward several different types of people. The first type would be anyone who did not know what fan fiction was, and was curious about learning some of its basic aspects. The next type of person might be a fan fiction author that is brand new, and wanted to learn some information about the subject. The other type of person might be someone who already writes fan fiction, but would be interested to learn exactly how copyright plays into fan fiction.
In this website, I included a variety of different types of information. I start with a brief history of fan fiction in its modern incarnation. It started with Star Trek in the modern days, although when I was researching, I found that fan fiction is actually much older, and has been around as long as stories have themselves. Then I move to how fan fiction and copyright law interact with each other. I gave viewpoints of authors and the two sides of why they might support, or not support fan fiction, and some examples of authors for each side.  I also discuss the concept of the culture that has been created around fan fiction, and Mary Sues. I give examples of Mary Sues, and varying degrees of them. The last part of the website is links to popular fan fiction websites, and a works cited page for where I obtained the images on the website, and my information.
I created the website on Wix.com. I did not use one of their preset templates; I just chose to build it off of blank pages. This way I could customize it and make it the way that I wanted to. I decided that I wanted it to look like someone’s notebook, and notes on the subject. In order to achieve this, I took a picture of a blank page in my own notebook, and used that as the background. I chose a font for the text that looked like basic, or note taking handwriting. For the images, I made them looked like pieces of film. Then I added images that looked like tape, to indicate that they were added into the notebook, like adding pieces to a scrapbook.
I mainly based my ideas, and retrieved my information from the article we read entitled “Everyone’s a superhero: A cultural theory of Mary Sue fan fiction, and its fair use” written by, Anupam Chander, and Madhavi Sunder. I found it interesting to read the ideas on the evolution of the Mary Sue, and how it has spread and changing through time. In article, it is brought up that “In the past, Mary Sue authors might have stashed what they penned in a drawer, distributed Xeroxed copies, or, at most, published their work in an underground magazine. The World Wide Web offers writers a relatively inexpensive and simple mass distribution vehicle. Posting a story to a fan fiction website is literally free, at least for those with access to the Internet.” ( Chander 600  ). In today’s world, for those that have access to computers and the Internet, it is so easy to obtain fan fiction and post it. This has turned it much more mainstreamed than it ever has before.
Of course, this means that there are more issues with it brought to the attentions of society. Especially in recent years it has drastically changed. For instance, as I discuss a bit on my website, there is a move by digital publishing corporations to turn a profit with fan fiction. The forerunner of this is Amazon, and the applications they have set up for the Kindle. A new platform called Kindle Worlds has been created. This platform allows for fan fiction writers to actually sell their stories. ( ). The way this works is that the fan fiction author gets a percentage of the profits from their story. Amazon also gets a percentage. The original author of the text, Production Company of the movie, or developer of the game, etc. would also get royalties. In the future, if this concept catches on, there will no doubt be even bigger debates on the concept of fan fiction and copyright. Copyright exists to protect the financial interests of the original creator. In the past fan fiction has been accepted because it makes no money. If all of the sudden fan fiction is making money for the fan fiction author, this dramatically changes the game, forever.
Fan fiction has always been debated though in terms of copyright law. In their essay, Chander and Sunder explain that “Mary Sues that challenge the orthodox representations in the original work should constitute fair use under U.S. copyright law” ( Chander 601).  There have been in the past debates as to how fan fiction is legal, or if it is even legal at all. Many of the debates surround whether it can be considered a part of the fair use laws.  There are questions about whether people should write their own stories or continue to write stories based off of others ideas. All in all, fan fiction is a topic that will only become more interesting as technology and digital reading technology evolves, and even original works become completely digital.

Works Cited

"Kindle Worlds." Kindle Worlds. Amazon, n.d. Web. 4 May 2014. <https://kindleworlds.amazon.com/>.

Chander, Anupam and Sunder, Madhavi, Everyone's a Superhero: A Cultural Theory of 'Mary Sue' Fan Fiction as Fair Use. California Law Review, Vol. 95, p. 597, 2007; UC Davis Legal Studies Research Paper No. 110. SSRN: http://ssrn.com/abstract=984919



Final Project Website : 

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