Tag: fanfic

Categories
fandom writing

Entertainment Weekly, Do You Even Fanfic? (Writer Beware)

Today in “big media company attempting to exploit writers,” Entertainment Weekly has really outdone itself with a for-exposure-only-as-prize contest for… fanfiction? Here’s a tumblr summary of this terrible BS, but I wanted to dig into the awful terms and conditions a little more.

All bolding is mine for emphasis.

From section 1, “How to Enter.”

Entries become sole property of Sponsor and none will be acknowledged or returned.

Well, that is a giant screaming warning flag that says WRITER BEWARE. WRITER DO NOT PASS GO, DO NOT COLLET $200. WRITER RUN THE FUCK AWAY. Things get more than a little weird because we’re talking fanfic (more about that in a minute), but in general if you EVER see anything that says anyone other than you becomes the sole owner of your writing, unless it comes with a fucking enormous check (and it better be HUGE), you say NO.

In non-abusive contracts, it’s all about the assignment of extremely specific rights (eg: first world electronic rights) with rights not negotiated still remaining with the writer. The writer still retains copyright. You as the writer still own the story; you are negotiating with the publisher for their use of it. Ownership will change hands if you’re, say, writing on spec for a company or doing tie-in work, but that comes with the expectation of some significant pay because you are giving up your ownership.

By entering, Entrant warrants that his or her entry (1) is original and does not infringe the intellectual property rights of any third party, (2) has not been published in any medium or (3) has not won an award.

This is the part that has me just scratching my head. As far as I can tell, whoever had this ugly brain baby at Entertainment Weekly doesn’t actually understand what fanfiction is or how it works. The entire fucking point of fanfic is that it technically does infringe on the intellectual property rights of someone else. You are using someone else’s intellectual property without their permission. Literally. If you weren’t, it wouldn’t be fanfic! But generally it squeaks by under fair use (though this is a topic an entire book can and has been written upon) because there is no profit on the part of the fanfic writer–and I’d argue a lot of big IP holders realize that fanworks add value to the property as a way to encourage fan participation, loyalty, and recruitment. But really, the point here is that what EW is asking for in their own rules is by definition NOT fanfiction. If you owned all the IP on your story, it wouldn’t be fanfic, and you should still definitely not be giving it to Entertainment Weekly for FREE.

Also? Point #2 is basically them demanding first world rights to the work. Considering how egregious the “becomes sole property of Sponsor” is already, this is a footnote, but it’s insult to injury. (By the way, if you want to see what an actual non-predatory contract looks like, SFWA did a model magazine contract that’s really good.)

From section 5 “Conditions of Participation.”

By entering, Entrant represents that any fan fiction submission and other materials submitted as part of Entrant’s Contest entry are original and will not constitute defamation an invasion of privacy or otherwise infringe upon the rights of any third party, and that the Entrant owns or has the rights to convey any and all right and title in such video and other materials.

ENTERTAINMENT WEEKLY DO U EVEN FANFIC

In addition, by entering, Entrant grants to Sponsor a non-exclusive, worldwide, royalty-free license to edit, publish, promote, republish at any time in the future and otherwise use Entrant’s submitted fan fiction, along with Entrant’s name, likeness, biographical information, and any other information provided by Entrant, in any and all media for possible editorial, promotional or advertising purposes, without further permission, notice or compensation (except where prohibited by law).

Translation: if we pick your fanfic, which we have now said we instantly own upon submission, we can then do whatever we want with it and use you as a promotional tool however and whenever we want. Without even having to tell you when we do it. Or ever give you any kind of monetary compensation for it.

THIS IS BAD ON SO MANY LEVELS.

As a note, regular publishing contracts can and do allow for minor copyediting of the work without the author’s approval. That’s standard. Anything beyond copyediting? In my experience this is NOT something you ever want to agree to unless you trust the editor completely to just fix your grammatical screw ups and not fuck with your story. Considering how gross this has been already, how trustworthy do you think Entertainment Weekly would be with your work?

Acceptance of the prize constitutes permission for Sponsor and its agencies to use Winner’s name and/or likeness, biographical information, fan fiction, other materials submitted for advertising and promotional purposes without additional compensation, unless prohibited by law.

What prize? ALL THAT EXPOSURE? SO MUCH EXPOSURE. LET THEM EAT EXPOSURE. But really, second verse, same as the first. They get to flog you and your work for advertisement and promotion without any compensation to you.

By entering and/or accepting prize, Entrants and Winners agree to hold Sponsor and its promotional partners, its directors, officers, employees and assigns harmless for liability, damages or claims for injury or loss to any person or property relating to, in whole or in part, directly or indirectly, participation in this Contest, the acceptance and/or subsequent use or misuse, or condition of any of the prizes awarded, or claims based on publicity rights, defamation, or invasion or privacy.

This is a “hold harmless” clause, which can be anything but harmless to the person tacitly accepting this contract. On one hand, some of this is butt covering in the case of you not liking your “prize” (SO MUCH EXPOSURE) and wiggling out of ay fuss you could kick up if, say, a future employer doesn’t like how EW is using your likeness and fanfiction to promote… whatever it is they’re promoting. But does this also leave the writer holding the bag if an intellectual property holder goes after EW and the writer if they decide this violates fair use, despite the fact that EW has grabbed all possible rights? To be honest, I’m not good enough at this to say yes or no one way or the other, but I wouldn’t fucking trust it.

Any time someone tries to fuck over writers with for-exposure, rights grabby bullshit, I get mad. Those scams are almost always aimed at young writers who are hungry for even acknowledgment, and it’s gross and dishonest–but at least there are resources out there aimed at educating beginning writers about people who want to prey on them. This makes me even angrier because it’s tacitly aimed at a population that has no real reason to even require familiarity with like publishing rights.

Shame on you, Entertainment Weekly. Shame on your house, shame on your publicists, shame on your legal department, shame on your editors.

Categories
fandom rants

Disappointment fajitas before cannibalism

I find this disturbing on a multitude of levels.

I will lay this out here first: I have not read the fic in question, any of the writer’s other fics, and I am not part of either of those fandoms; don’t care about Persona, and while I listen to WTNV, I don’t participate in the fandom in any kind of meaningful way. I am completely uninterested in the fics in question or debates about their relative merits. Got it?

(And good thing, since apparently I might have a rough time reading the fics in question now.)

So let me explain why this whole thing disturbs me.

  1. Writers, whether they are writing fanfiction or original fiction, write disturbing shit all the time. All the fucking time. Hell, my best friend writes horror. I once beta read one of her stories and sent it back with “WHY WOULD YOU DO THIS TO ME I THOUGHT WE WERE FRIENDS” as my only comment. This idea that whatever a writer puts down on paper is somehow must be a true reflection of their deep-seated beliefs and desires is wrong, and frankly, dangerous. My characters are not me, any more than the characters an actor plays are him or her. The stories we tell might have some meaning to us and a myriad of different meanings to other people. Do not assume that you know what a writer thinks or believes just from the fiction they have written.
  2. Go read this, in which a marginalized young adult makes the case for all that unsavory sex, drugs, and violence that has people these days clutching their pearls about YA fiction being too “dark.” Underage pornography is bad. But work with explicit sex (or violence) that involves underage characters is also not automatically pornography.
  3. This is yet another example of fanfiction being used as a way to try to embarrass or attack a fan. Or the fact that someone has written explicit material of some sort as a way to attack their other activities—including careers. This also perpetuates a stigma that is generally only used to punish women.
  4. Whenever this kind of shit happens, I take a long look at everything I’ve ever done as a fan and seriously contemplate burning it to the ground. It’s not hard to connect my real name with my fan works. And I’m pretty much the only person in the English-speaking internet that has my name. The only reason I don’t let the paranoia get to me is that I really doubt my company gives a flying fuck that I used to write, say Gundam Wing fanfics. And they googled me pretty thoroughly before they hired me; I think they knew what they were getting. But this is an incredibly privileged position I’m in as an employee, and few people enjoy my level of security. As long as this sort of thing keeps happening, there are a large swathe of people who are going to get scared right out of the fandom because they’re afraid some shithead is going to go after them for whatever reason and try to ruin their career. Which I guess is only a problem if you think people in professional career tracks like teachers and doctors should be allowed to be in fandom. (Which I do.)
  5. The original post comes from a blog that at the time of this writing literally has only three posts. This sort of thing happens all the time, since social media accounts are easy to create, largely anonymous unless someone wants to do a lot of digging that can be easily foiled, and generally disposable. And this is not necessarily a bad thing, since anonymity can be used to expose some real, very ugly problems. But I’ve seen this method used far more often to attack someone spuriously, and that makes it all the harder to draw attention to those aforementioned real, very ugly problems.
  6. Which brings me to my final point, which is far more expansive: I am really fucking tired of fandom cannibalism.

I don’t know if that’s the entirety of what’s going on here. Perhaps I’m characterizing it unfairly. But I’ve seen this happen enough, and to close enough friends that it’s setting off all the same damn warning bells. Because it generally goes like this:

  1. Fan A (who is invariably a woman) has something awesome happen to her. Could be a book deal. Could be getting to do something cool and special. Could be just some kind of online recognition being given to her by a creator/writer/actor.
  2. Fan B takes exception to this for mysterious reasons, which ultimately seem to boil down to jealousy.
  3. Fan B, rather than dealing with jealousy in a healthy way, starts a smear campaign that normally involves newly created social media accounts.
  4. Other people in the fandom (at first those who are friends with Fan B, but then expanding out into basically bystanders who may be well meaning or quietly gleeful to see Fan A get torn down or anywhere in between) start spreading whatever dirt Fan B came up with.
  5. Drama ensues and perpetuates. Fan A, often for the sake of her sanity, gets as far away from the fandom as possible.

I have seen this happen again. And again. And again. And I’m fucking sick of it. Because when you come down to it, I am so goddamn tired of watching women (because yes there can be men or genderqueer individuals involved but it’s most commonly people who identify as women) tear each other down. I am so goddamn sick of watching women turn on each other over what is often nothing more than scraps.

And I am so. Fucking. Sick. Of women buying the bullshit lie over and over again that the success, however small, of one woman somehow means there is less left for everyone else. My successes, no matter how big or small, do not in any way diminish your life.

So, I suppose this is the place where I could go into an uplifting message about how we’re all in this together and we owe it to each other to be supportive and each other’s best cheerleaders, and don’t be jealous! Well, no. I also am aware that we’re goddamn human beings. Jealousy is part of the human condition, an ugly part no one likes talking about. Well, I admit it. I’m jealous of the amazing things my friends do all the fucking time. But like all emotions, you can’t necessarily help that you feel that way, but you can damn well control what you do after.

You want to be annoyed and talk about how someone’s writing is total shit and they don’t deserve their book deal and you never liked that person anyway? Fine. But that does not give you the right to shit on them and everything they love and try to destroy their career.

Eat your goddamn disappointment fajitas and knock it the fuck off.

Categories
fandom rants writing

Fanfic < "Real" fiction?

Okay, darlings, I’m getting just a little tired of this shit. Since a thing involving fanfiction happened of course we’re up for another round of arguing about the “worth” of fanfic. Because what is the internet for if not being a long distance dick about things other people like? Well, let Evil Auntie Rachael lay down some fucking truth for you.

First off, define “real” fiction. Unless you’re writing pure history or biographical stories, you are literally making shit up. Define real in that context. I dare you.

Okay, so you mean original fiction? When we’re talking written narrative fiction, I should note that original is a pretty loaded word. Everyone likes to laugh about there only being three (or five, or six, or pick a number) plotlines in the entire world, and it’s really all just about giving it a twist or telling it a new way. Are you telling me fanfiction can’t do that? Even the idea of original characters is a loaded one, since we’ve got archetypal characters for a reason, and you can make a compelling argument for nearly every character belonging to an archetype, with the serial numbers cunningly masked by, say, curly hair and an interest in bowling. (And here, we aren’t even touching the entire issue of licensed tie-in fiction.)

So do you really mean fiction for which someone would potentially pay money? First, please explain to me how assigning monetary value to art makes it more legitimate. Because here I was thinking the true value of art was actually a thing without price, namely the act of creation itself and the idea the art communicates. And second, getting paid for fiction is not that easy. TRUST ME.

But Evil Auntie Rachael, original fiction is better quality than fanfiction. Really? Give me five minutes and Google and I will find you ten fanfics that display more sophisticated writing, better plotting, and deeper characterization than Twilight. Give me a full day and some dramamine, and I bet I can find you ten Twilight fanfics that are better quality than the work upon which they’re based.

The only thing original fiction gets to hold over fanfic in regards to quality is that it’s professionally edited. (IF it’s traditionally published or if it’s self published AND the author coughed up the dough to independently hire a content and line editor.) And sometimes, that doesn’t mean a whole lot. Every single one of us has read a book in our lives where we threw it on the floor in disgust and announced that we could totally do better than that.

Fanfiction is an incredibly valuable tool for learning and honing the craft of writing. I wrote fanfiction for years and years. I know other writers who wrote fanfic for years and years (and most of them have published far more than me). Some of us still do. What fanfiction taught me was how to build a plot, and how to plot long, and stay true to character while I was doing it. Writing fanfic isn’t easier or harder than writing original fiction–it’s the same process, the same parts of your brain.

And you know what? Fanfic is fun. You’re not writing it to a deadline, you’re not thinking about how many fucking times it’s going to be forcibly ejected from a slushpile, or which of your darlings the editor is going to expect you to kill. You’re writing it for the sheer joy of writing something because you like it and you can. God, and the feedback! You have an instant fanbase of people who will actually engage with you about your story! I wrote one short little fic after I saw Thor: The Dark World and in the time since I put it online I have literally received more feedback on it than I have in total for every piece of original work I’ve ever published. It’s like pure black tar heroin for the sad little twitching addict that is a writer’s ego.

Two years ago, I sat in on a panel at Worldcon where two editors from large publishing houses said yeah, they know people in publishing who keep track of fanfiction because it’s a way to find amazing writers. Patrick Nielsen Hayden said:

There is no ceiling on how good fanfic can be because it’s all unpublishable. You can find great writers.

So you can shut the fuck up about the supposed inferiority of fanfiction now.

Oh, and if a published writer has the sheer ego necessary to tell you that all fanfic is creatively inferior and doesn’t count, you tell them to go fuck themselves. Tell ’em from me, too. At the end of the day, we’re all just making shit up.

Categories
fandom rants this shit is fucked up you need to do better

Dear Interviewers: Please Refer to Wheaton’s Law, Re: Fanworks

Wheaton’s Law: Don’t be a dick.

So this happened. It’s just part of a long pattern of interviewers basically trying to embarrass both actors and fan writers/artists by bringing them forcibly together. (See also: people showing Tom Hiddleston pornographic fanart during interviews.) These people are dicks. Dicks of phenomenal magnitude. I’d say they should be ashamed of themselves, but the very fact that they’re doing this kind of bullshit pretty much shows that they have no shame.

This is the thing about being a fan writer or artist: your creative space is implicitly under the radar, made by the creators of the original work willingly turning a blind eye to give fans room to play. I wrote fanfiction for years and years (and still do, to be honest, very occasionally) and for the most part you do so on the understanding that the creators of the original work will never see what you’ve done. You’re writing for yourself, and for other fans. That’s what makes it fun and joyful. It keeps fan communities strong, which for the most part is a good thing, since yay loyal fan base. No one gets hurt (outside of shipping wars casualties), no harm, no foul, everyone is happy.

Now, it’s different if a creator (or actor) asks for fanworks to be sent to them (like the amazing Trollando Jones asking for fanfic!) or if, say, you come up with something beautiful and tasteful and want to send it as a tribute*. It’s also different if someone actually goes looking for work on the internet. It’s the internet. Enter at your own risk.

But this pattern of taking fanwork and shoving it in the face of people involved in the original movie (etc) is beyond gross. It’s mean-spiritedly shitting in someone’s sandbox for the sake of being a dick. And I shouldn’t even have to say that it’s gross to force something embarrassing on unsuspecting people in public, and megagross when it’s pornographic.

And it’s gross to search out fanworks just for the purposes of publicly mocking them. I feel like I hit my head and woke up back in high school, when the mean girls were stealing my notebook and staging dramatic readings of my horrible teen angst poetry. Fuck you for trying to make the act of creation feel unsafe. Fuck you for punishing people for loving something. No, really, fuck you guys.

And for good measure, fuck everyone who thinks what is basically cruelty for the sake of being cruel is funny.

(Don’t be ashamed of your fanfic.)

 

*-I shouldn’t even have to say this, BUT: sending pornographic work to someone who hasn’t asked for it is never, ever okay. Kind of like sending other people pictures of your genitalia is never okay. Same principle. Including someone in your sex life non-consensually is never okay.