"Fan fiction and moral conundrums" by Diana Gabaldon

[osaraba]

From ravenwings_7's post on c6d_universe, she links to Diana Gabaldon's blog post about "Fan fiction and moral conundrums". In which Gabaldon states that she does not enjoy/appreciate/support fanfiction in any form and finds it to be not only illegal, but immoral.

As one might expect, there are already over 350 comments arguing for or against her statements. So far (up to comment 200), everything has been very civil, which I quite appreciate. Because I do think that presenting dissenting (civil, not ranting) views on the topic is beneficial to anyone who's straddling the line and is able to use the thoughts presented as a starting point to further inquiry. And yeah, I know that, for the most part, the back-and-forth arguments aren't likely to change anyone's opinion who has already made up their mind one way or another. Of course, this argument isn't new by any means, and I suppose I'm reading the comments in almost a watching-a-train-wreck sort of way, since I know what to expect.

But there are quite a few commenters who have made really intelligent, logical, clear arguments as to why fanfiction is not only NOT ILLEGAL NOR IMMORAL; how it can be, in fact, beneficial to a published author's fanbase and bottom line; and who also comment on the disrespectful way Gabaldon likens fanfic writers to perverts, criminals, pedophiles, and the like (in an "off-handed" way couched in analogy, but the implication is there nonetheless).

It's sad that a person can't understand the reasons one would write fanfic, and even more sad that a clearly creative person would be so narrow-minded and possessive in a way that excludes others from sharing in (but without attempting to possess or claim credit for) that creation. It gladdens me to know that other authors are able to understand or be sympathetic to their fans in this way -- authors like Jim Butcher and Mercedes Lackey -- who have given permission for "fanfiction to be licensed as derivative fiction under the Creative Commons umbrella."

Clearly we all know on which side of the argument I fall, and maybe my interest in this particular "train wreck" is high right now because I recently spoke with someone who stated, with no room for argument, that fanfiction is illegal after I referred to it as a "grey area". Really, I don't propose to know it as well as a copyright lawyer, but as far as I can tell, it is a grey area. (See: OTW, "I'm done explaining why fanfic is okay.")

While I have no argument with Gabaldon disapproving of fanfic for her own works, and supporting her right to publicly and officially request no fanfic of her works be produced/posted/shared, etc., I find her arguments against it to be inconsistent, illogical, and demeaning.

I whole-heartedly approve of those commenters who said they would now never read her fiction. I'm all for boycotting the products of people/groups/companies that I am in strong, fundamental disagreement with. It's quite ironic, actually -- I never before had much interest in her works as I'm a little wary of epic historical fiction (especially those that simultaneously cohabit the romance and the mainstream fiction categories), but some of the comments have revealed that I actually would have been interested in many of the situations Gabaldon writes about -- including situations that would be considered "perverted", "deviant" and "immoral" by prudes around the world.

Comments

[akamine_chan]

Yeah, it's going around the fannish circles - think this showed up on Fandom_Wank and generally, the fans are up in arms, rightly so in my opinion.

I hadn't read any of her stuff before, and I'm unlikely to do so now. Fail, Diana Gabaldon, Fail

[osaraba]

As one of the commenters said, "Way to alienate your fans, Diana." I'm hoping (not expecting, but hoping) that there will be some tangible affect -- a drop in royalties, or what have you.

The one good thing about this is that I hadn't realized that Jim Butcher and Mercedes Lackey had made statements about the Creative Commons Licensing thing, and that has just made me even MORE pleased to be a fan of their works!

[akamine_chan]

Hee. And Mercedes fought against fanfiction for years. But she shares her agent with Cory Doctorow, who apparently is very persistent.

Also, awesome rebuttal here

[osaraba]

Thank you kindly for that link! <3

[morganwolf.livejournal.com]

How a well known, respected author can deride what's essentially a long-standing literary tradition among respected artists (has Gabaldon never heard of pastiche? IT'S LEGITIMATE) is beyond me. I realize that the majority of fanfiction doesn't really count as pastiche in a traditional sense, but I think there's a pretty clear line between fanfiction as we know it and plagiarism, which is a real concern. I hate hearing stories like what happened with Kaavya Viswanathan or Helene Hegemann. If this is the attitude we're fostering, that you can take other people's work and pass it off as your own or profit from it, then yes, that needs to be addressed. I don't see fanfiction as being so serious as the people speaking out against it make it out to be, though.

[osaraba]

Huh, did not know about those recent examples of plagiarism, though I do remember back in 2001 when Janet Dailey's blatant plagiarism of Nora Roberts' works (both extremely prominent authors in the romance genre) came to light.

I don't see fanfiction as being so serious as the people speaking out against it make it out to be, though.

I agree; and I think that for Gabaldon (and for Anne Rice and possibly for Robin Hobb, who apparently also has a problem with fanfiction), it's really that they don't like fanfiction based on their works (which is perfectly fine), but that they then try to rationalize that feeling rather than just calling it what it is -- an irrational reaction of over-protection toward their creations.

[morganwolf.livejournal.com]

Of course, it's all a big ego game. One of the comments on that link mentioned something similar-- they can't get over someone else MESSING WITH THEIR BABIES. If you want to take it as a mark of disrespect that someone loves your work enough to make their own stories with what you've created, okay. Don't make it out like it's "illegal and immoral" just because you don't like it.

[osaraba]

EXACTLY.

<3

[surya74.livejournal.com]

I recently spoke with someone who stated, with no room for argument, that fanfiction is illegal after I referred to it as a "grey area".

I admit I have no idea how US law handles this, but as a trained lawyer I can assure you that according to at least German law fanfiction is completely legal, as long as you don't claim the characters as your own and don't make money off it. Same with "I sing my favourite song on YouTube" or "I make fanart from pictures of actor/singer/movie xyz".

Maybe Diana Gabaldon is just a little scared that the fanfic writers have better writing skills than she does? ;P

[osaraba]

What you described is basically what I had always assumed to be true here as well.

In the link to bookshop's post above, she references this comment in response to someone who said that fanfiction is not currently legal. She also references this bibliography post in fandom_lawyers.

And see, everyone sounds so confident on either side, it's hard to tell. And in practical terms, it seems that whatever the technical words might be, fanfiction (as long as any claim is waived/profit forgone) is effectively legal.

LOL, hence my usage of "grey area". =/

[mamaffy.livejournal.com]

I have to say, her tone is extremely off-putting and offensive in my ears and that reaction post appeals to me. I read a few of her books and I am not proud. It's no example of good writing for me, on the contrary. I'd say it's like you expect. It's sappy romance, sex, and violence and my example of a dirty-pleasure-book. Nothing wrong with that but hearing her rave about her writing skills alongside was... well... I wonder why she takes that tone.

[osaraba]

Yes, who knows what she's thinking? My guess is that she's really just irrationally possessive over anyone playing with her "babies". It kind of baffles me how some writers just don't understand the urge to play with other people's characters?!

[endcredits.livejournal.com]

Really great post — thanks for sharing!

I absolutely respect her right to request that fans not use her world/characters — and many authors have managed to do as much in an understated and graceful way — but her tone and choice of analogies make me bristle. I'm immoral? Well, thanks for letting me know, Diana!

(The Outlander series is pretty readable fun from what I remember, but certainly not any great work of Literature™ — not that the quality of a work makes it any more or less hallowed!)

[osaraba]

I wonder exactly what sort of response she was expecting with this kind of post. I'm sure she's aware that she has a goodly number of followers -- did she think none of them were those Dastardly Fanfic Readers and Writers? Did she think it was such a small community that she could afford to alienate the "small" number of them that might be offended?

Sigh.

[roserevolution.livejournal.com]

I find this very interesting, even though I don't read much fanfic. I would think it's legal, especially if you aren't making money. An author doesn't have to like it, but sounding off like that will just alienate fans.

[osaraba]

Yeah, it's kind of ridiculous. I don't know what she was thinking to post that kind of thing -- I mean, I'm the first one to say that with personal blogs, one has the right to post whatever they want, locked or not. But there's no way she couldn't have expected a post like that to alienate some of her fans...?

[roserevolution.livejournal.com]

True, but there's a difference if your blog has a business aspect. She wants to grow her fanbase, not reduce it. I only say mildly controversial things on my etsy blog and twitter so as not to offend potential customers. I wouldn't be like um, knitters are all pussies who are inferior to sewists. Lamest example ever, but you know what I mean. It's not about being fake, it's about managing your public persona.

[osaraba]

Yeah, absolutely. It was just dumb of her not to expect a backlash. Although maybe -- despite her comment implying the opposite -- she really does think that any publicity is good publicity.

[sarielchan.livejournal.com]

I used to outright hate fanfiction, and a part of me still thinks it's lazy on the part of writers to use characters that someone else has already created and developed - but in cases where I felt the original story was lacking in some way I sort of came to enjoy it (Gundam Wing (Heero and Duo were meant to be, man), Sailor Moon (Usagi should have ended up with Seiya.), the HP (ok, HP wasn't lacking but I enjoy reading Harry and Draco get it on not gonna lie)).
I really really enjoy Mercedes Lackey's books (some of them anyway) and I stay away from fanfic of her works like the plague because I don't want to see her characters' personalities completely butchered... uhhh I have no idea where I was going with this.

Anyway Diana Gabaldon's books kind of suck and are thinly veiled historical porn fiction, so I feel she deserves whatever backlash she gets! Oh god, I'm an awful person.

<3 I like your posts.

[osaraba]

Diana Gabaldon is a pretty big idiot for approaching the subject the way she did (even besides the fact that I disagree with her so completely), so absolutely -- I hope she gets a tsunami-sized backlash!

And yay, I'm glad my posts entertain you~! It's always interesting to see which ones you respond to -- and the fact that we have so many books/tv shows/etc. in common. AND OMG I'M SO SAD I MISSED HANGING WITH YOU GUYS IN BOSTON! /o\

Also. 1x2=OTP! <3

[fredericks.livejournal.com]

Re: Fanfic vs original fiction, as per Ms. Gabaldon: The difference is—it’s not illegal, and you aren’t abusing or offending the original author.

This actually got a large chuckle out of me. How is playing in an author's sandbox "abuse"? Feeling offense that others are writing within the confines of a world you created? Fine, as that's a more personal opinion. But abuse? really? Everyone has their own world view, but Gabaldon's entire initial post reads as the reaction of someone who was forced a la A Clockwork Orangebrainwashing sessions to read uber crackfic featuring mpreg, incest, glittery unicorns, and megical cock (then again, as two of those things are actually IN Gabaldon's books AFAIK...).

[osaraba]

Yeah, a whole lot of her post made me go "Come on, REALLY?!" She must either be stuck in her own narrow world-view or... just irrational on this topic. I've no idea. =/