I’m not a big fan of fanfiction, as I’ve said before, for one simple reason: it’s lazy. And yet the Internet has given rise to huge fanfic communities that allow fans of everything from Full House to Harry Potter to craft their own continuing adventures of favorite characters… and to get their work in front of eager audiences. Never mind that a large amount of fanfiction is just plain awful; it’s familiar, it’s fan-friendly, and it’s a fun little guilty pleasure for those who want their favorite stories to keep on going.
In the United States, fanfiction is technically illegal, but generally allowed as long as there’s no money changing hands and no claims to copyright.
Elsewhere in the world, however, fanfiction is so common that it’s often actually published and sold. In Japan, for example, amateur fans often get together to produce “dojinshi” books that are essentially fanfiction comics featuring popular characters in continuing adventures or alternate realities. One would expect this sort of thing in neighboring Asian nations that have less restrictive copyright laws (piracy and knockoffs often go hand in hand!), and not in a large consumer nation where intellectual property is big business.
But the Japanese have a very different attitude towards derivative works than people in the United States. The Japanese copyright laws are extremely rigid, but there is something of a gray area where fanfiction is concerned, since fanfiction is seen as something that helps to increase sales of official merchandise rather than take money away from the copyright holder. As long as the copyright holder doesn’t enforce the copyright, the creation and sale of fanfiction is assumed to be permitted. “Dojinshi” communities are even celebrated in certain circles, since they’ve essentially given birth to popular studios such as CLAMP and Gainax. (You can read an interesting interview with a Gainax member here that discusses this further.)
What’s impressive about a lot of the Japanese fanfiction is that it’s created by amateurs, but printed in small professional quality runs and sold in markets. Much of it is of a fairly low quality, but some of it is indistinguishable from the official products. Some of it is even arguably better. And that poses a new problem in the digital era, because while in the old days, one had to buy a physical copy of a fanfic in order to enjoy it (thus keeping the number of eyeballs seeing it rather low), the Internet allows even the crummiest fanfiction story to be viewed by millions of people from around the world.
And that leads me to wonder… now that the Internet has given fanfiction an ability to grow around all of the thorny legal issues surrounding it, is it possible we’ll see a brand new style of “do-it-yourself publishing” in the near future? It could happen sooner than you might think… and it could have major implications for the rest of the world of publishing.
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