Copyright & Fanfics
Fanfic authors have copyright on their work and it is protected by law, like any artwork. It stems from moral copyright, which people who enjoy stealing plot ideas, gifs or fanarts confuse with economic copyright.
So from the outset:
moral copyright protects the author's indefinite and indissoluble bond with the work. It results from the creator's emotional and intellectual involvement in the creation of the piece. This bond cannot be extinguished. It cannot be transferred or waived.
The rights cover the author's contribution to the work, what he gave of himself − the things he independently invented and the way he described them − in other words, all the things that don't make up the canon, are not source material or are not obvious (you can't say that someone independently invented that the characters breathe, have sex, the way it happens, because it's related to the culture we live in and the predetermined rules).
What fanfic or fanart authors don't have the right to do is to profit financially from their work unless they get permission from the creator of the source material − HBO, for example. Some people risk a lot by doing this and in cases where someone does it on a large scale it can end up in a lawsuit.
However, creating fan content for free is not only not illegal, it is actually covered by (moral) copyright.
Some people clearly have a problem separating what can be 'stolen' and what can't, so let's get more specific.
[ what is not subject to copyright ]
− tropes
Let's not kid ourselves − often old tropes are used in new fandoms within other characters. A trope is just a template that dictates the time period and subject matter, however, there are so many ways to resolve it that an infinite number of dissimilar works can be created.
− the use of canon and source material
We cannot have someone steal from us something that is not ours. If certain dialogues or scenes have been used in a TV series, a book or, for example, explained by actors in interviews, it is not ours, it is just generally accepted knowledge that anyone can use.
− things attributed to everyone's life
People eat breakfast and dinner, take baths, text, communicate through computers, take public transport or cars. These are normal things, and the mere fact that a character in someone's story 'drove a car' or 'ate breakfast' is no discovery or plagiarism.
[ what constitutes plagiarism ]
− copying someone else's style of expression
Anyone who writes knows that authors create their own distinctive style quite quickly, use their favourite words, combine them in their own specific way. They structure dialogue differently, divide paragraphs differently, narrate characters' minds differently. If someone wants to write a particular lead as we do, it's easy to spot what I'll deal with in the next section.
− copying plot solutions, dialogues, characters' thoughts with only slight modification
By this I mean those solutions that are invented by us. For example, in my story where Aemond is the Young Pope, my authorial solution is not that the action takes place in the Vatican or that my heroine has to kiss his hand like every pope.
My authorial solutions are that they have breakfast together in the garden, their conversation on the roof, his interview, what my heroine helps him with and why, his story, the fact that he compares my heroine to Bernini's sculptures, all their dialogues, intimate scenes and other side characters that I invented for the plot.
If someone writing their story used the things I mentioned in the previous paragraph it wouldn't be inspiration, it would be plagiarism − I spent hours making it up, and what? Someone would think it was good material and rework it for themselves?
What does not fall under "plagiarism" in this story − all the references to the source material, i.e. The Young Pope − the fact that the protagonist smokes, that his mother is a nun, that the action takes place in the Vatican, that he wants to bring about a revolution, that he exercises physically and walks around in a white tracksuit.
− the sequence of events not following from the canon, i.e. the so-called storyline
I don't mean that the characters meet and have sex, because let's agree that's the general sense of smut fanfic. It's about how it happens − where and why the characters meet, what happens to them next, their conversations, dilemmas and so on.
The fact that my male character from The Man in the Black Mask is actually a completely different person that everyone thought, what happens to the protagonist's mother and herself, what happens afterwards to her and her father, Aemond's backstory − it was all a product of my imagination. If someone wanted to write a new sworn protector Aemond and used my plot solutions leading to similiar results, it would be plagiarism.
− dialogues and creating tension in intimate scenes
We can all agree that when it comes to smut and sex scenes, we all go in circles because the number of ways it can be done is very limited, so I would be very careful with accusations in these areas. However, still, what an author can do, and what makes these stories so popular, is to create tension through full dialogue and gestures − and copying these can already be something clearly proven.
to sum up
One or two paragraphs like ours for an entire story may be a bit of an exaggerated accusation, unless of course they are copied word for word. We have to follow logic. Sometimes it's better to ask an outsider who doesn't write:
Hey, do you think these two paragraphs are similar?
We, as people accustomed to and connected with our works, can find "references" to our work very quickly, but it may turn out that a person from the side will make us realize that the similarity to the essence is distant and comes down only to the fact that the scene takes place, e.g. in the car and the hero is sad, but that's it.
Sometimes it is better to think carefully before we want to be "inspired" by someone and before we "accuse" someone of this "inspiration". It is worth taking screenshots and comparing the two works if we feel that someone may have been inspired too much.
If we find this to be the case, such common areas should be highlighted and preferably a screenshot should be sent to the author with a request for clarification, retaining all evidence beforehand, of course.
Remember that everyone has the right to explain themselves.
However, if we do not receive a reply and we see such a person publishing further, it is worth to write publicly about our observations and simply warning that this person may be copying other people's work (unless the quotations, dialogue and sentences are almost identical, in which case the word "certainly" is needed).
I generally caution authors against using the word "inspiration" and looking for such in fandom. Look for them in literary classics, where no one will accuse you of plagiarism.
Personally, I read the stories of only 2-4 people, my closest friends, whose works I adore, but also thanks to the limitation of their number, I know what they write about, what their plots looks like and that I will not be "inspired" by them in any way, even involuntarily − apart from improving my language, which is always a good thing.
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In the spirit of encouraging people to comment on fanfics while also making it easier to do so, I feel obliged to share a browser extension for ao3 that has quite literally revolutionized the comment game for me.
I present to you: the floating ao3 comment box!
From what I've seen, a big problem for many people is that once you reach the comments at the bottom of a fic, your memory of it miraculously disappears. Anything you wanted to say is stuck ten paragraphs ago, and you barely remember what you thought while reading. This fixes that!
I'll give a little explanation on the features and how it works, but if you want to skip all that, here's the link.
The extension is visible as a small blue box in the upper left corner.
(Side note: The green colouring is not from the extension, that's me.)
If you click on it, you open a comment box window at the bottom of your screen but not at the bottom of the fic. I opened my own fic for demonstrative purposes.
The website also gives explanations on how exactly it functions, but I'll summarize regardless.
insert selection -> if you highlight a sentence in the fic it will be added in italics to the comment box
add to comment box -> once you're done writing your comment, you click this button and the entire thing will automatically copied to the ao3 comment box
delete -> self explanatory
on mulitchapter fics, you will be given the option to either add the comment to just the current chapter or the entire fic
The best part? You can simply close the window the same way you opened it and your progress will automatically be saved. So you can open it, comment on a paragraph, and then close it and keep reading without having the box in your face.
Comments are what keep writers going, and as both a writer and a reader, I think it's such an easy way of showing support and enthusiasm.
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I keep seeing posts and asks from people complaining about writers in the fandom.
Why is the heroine always behaving this way? Why do you write about this type of woman and not that type of woman? What are you guys afraid of? Why do you keep replicating old tropes? I read about it hundreds of times, I'm tired. Why don't you do it in a different way, one that I think would be interesting?
The answer is simple: Because the authors clearly don't feel like it. Because they don't find the trope, character, or idea you're speaking about interesting or inspiring enough.
This revelation may come as a shock to someone, but I've never yet seen any author think:
Oh, yeah, you're right, you opened my eyes, I'll write it even I don't feel like it.
I'm not sorry that you are not satisfied with free content you get from amazing, talented people. Write your fic yourself, check if readers will like it. Don't blame other creators if they don't, lol.
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Here’s some good and easy comment ideas for those who feel shy or don’t know what to say but would like to leave something:
1. A classic: keyboard smash such as
Nrbdbsbbkigq or fhbdboejwbakwjev
2. THEM <3
(Fill in pronouns as needed or refer to a pairing)
3. Screaming, crying, throwing up, ect
Or it’s cousin:
4. Kicking my feet, giggling
5. [Block of copy-pasted text] I like/love this bit in particular; I like how you phrased this
6. I keep rotating [character/section of text] in my head
7. I read this while [insert what you were doing; ie: procrastinating a test, waiting for the bus, ect]
8. Extra Kudos!
9. Encore! Bravo! Magnificent!
10. [character name] my beloved
11. I relate to this so hard
Optional, include [line of text] or situation you relate to
12. Thank you for sharing!
13. 💖💖💖
14. I love how you’ve written [x character trait]
15. I love this kind of AU so much!!
16. I’m so excited to see what happens next! I hope [random story prediction here]
17. I will commit atrocities for this character!
18. This is some hella good soup!
19. This is my favorite [trope, paring, au]!
20. AAAAAA They are so [soft/traumatized/attractive]!!!
Feel free to mix and match these for an extra special comment!
Additionally, if you have some favorite go-to comments, feel free to share!
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