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Editors’ Introduction

Each page features a new prompt, such as painting with coffee and defacing photos, forcing readers to trust their creative instincts and uncover their artistic process. Adjusting to his new life, he clings to a painting that reminds him of his mother, which ultimately introduces him to the dark world of art. This story of obsession and survival explores the haunting power of art in all its forms. King weaves his lessons into memories of his childhood, early career, and a near-fatal accident that reinvigorated his passion for writing. This memoir is both empowering and illuminating for readers and writers alike.

The project turned into a ten-year journey, resulting in a photographic memoir that recounts her opinions and experiences of this art community. Debuting in July, The Artist Portrait Project is a memoir about reconnecting with your creative spirit and self-discovery. Save my name, email, and website in this browser for the next time I comment. Just thought it be a nice story for people to read. Thanks again for taking the time to respond. No problem, my pleasure. Hi Robert, Thank you for this wonderful article!

Will I run into copyright issues if I post my story online of course, with a disclaimer and all? My story starts out as a rewrite of a CSI episode. Would that be a problem? I really mean no harm or anything, I just want to share my story. Thousands of people do the same thing without incident. Hi, i am planning on writing my own fanfic if i was to use gifs and pictures from the internet tumblr would i run into and legal issues?

Major sites would ask you to replace the images with some you either own or which can be used just by crediting the author. I was going to publish the book on wattpad with no intention of publishing for money, only for other peoples enjoyment. Interesting article. What do you think? While you would technically be drumming up business, the literal and legal definitions of how that works are pools apart.

The Art of Cultural Resistance

So long as the fan fiction is available for no charge, and not directly linked to sales of your original work for example, buy one original and get two fan fiction stories free , you should be okay. That said, it might be a situation where someone who owns a property is less comfortable due to the proximity to paid work, so there might be the added though likely minimal risk of inviting problematic attention. This could be lessened by making the fan fiction easy to read on your site, rather than requiring fans to download.

I was thinking of putting up a PDF link, which can be opened and read without needing to be downloaded. Though maybe I could work out a way to make them pages on the site as well. No problem. Thanks for the article, very interesting. My pleasure, thanks for commenting. Yes, I think most people would be surprised how many great writers have some secret FF stories in their past. Very useful article, thank you so much! I was wondering though — If I were successful in getting this fiction published as an original work, would I have to take down the fanfiction version off the internet?

Thanks for a really interesting question. Overall, I would suggest removing the fanfic version. I would like to format my story into a paperback through Lulu.

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I would not be selling it, but I wanted to make at least one copy for me, and preferably a few for my friends and family as well to give away. Is that as far as I am likely to be able to go? Thanks for your question. That said, you could always reach out for permission to make it available for free on Lulu. Great article! It would be the same characters, but everything else would be made up. Could I publish short novellas of this? Thanks very much! Hello Rob, Firstly, thank you for this lovely article it explained a lot for me.

I am interested in fan fiction a bit, and I have a few inquiries on the topic. You see, a friend of mine has recently published her first fan fiction on Wattpad roughly two years ago, and as her birthday is coming up, I was planning to publish a single copy of it for her. However, though, her fan fiction includes unoriginal characters that came from the original work. Though I do make no plans in selling this and neither does my companion and only create it for personal use.

I do plan to use a site for printing individual books, and their copyright terms have been unclear to me. Do you perhaps believe that I will encounter an infringement with this issue? My apologies for taking up your time. Thanks, Britney. In terms of reassurance, think of it as just printing out a copy for a friend albeit in a fancier way than normal. None at all! I found your article very informative. Thank you for all your help! Of course, there are also routes to financial gain. Sooner or later everything enters public domain or is supposed to, at least , and as you say, there are various schemes such as Kindle Worlds that allow fanfic authors to use modern properties.

For instance, imagine someone credits you as the co-author of a book which is awful, or which says things that are against your personal philosophy or morals. Readers who see your name on that work may then associate your name with poor quality, or with ideas that turn them off buying the next book you actually write. Danger begins when you get anywhere near the revenue stream.

I already wrote so much! Some of my fanfiction is on fanfiction. What should I do about this? Anyone have any advice? Thanks for the kind words. I am on the horns of this same derivative dilemma as well. I have been under the impression that since it would be a derivative work, I could not even publish it for free as a writing sample.

Am I wrong in thinking I have to wait for public domain to happen in , even if it is free? As you suggest, the owner of a property might want to pursue legal action against a free work, even if that free work is allowable and would eventually be declared such in a court of law. For some authors, this is enough assurance to test the waters. This has been done with characters like Frankenstein and Snow White to dodge the attentions of more litigious entities.

This would theoretically allow you to banish MGM from your considerations. The article below might provide some more info on this. Rob, I just wanted to say thank you for this exceptional article and the amazingly thorough answers to all of the comments thus far. If this had been written 10 years ago when I had first started writing fanfiction, I would not have wasted so much time being afraid or ashamed, and could have spent more time honing my craft.

Thank you so much for sharing your time to write this and encourage and help so many writers! Thanks for the kind words, and my pleasure!

Hi Rob, first of all thank you for your article! Is there some way to make this work? Happy New Year, and thanks for your comment! With it being an RPG, there might be some traction in approaching the relevant companies with the idea that you want to novelize your experience of it, to further dramatize your playthrough. You could also consider offering it for free. Hi Rob, thank you for your answer! I would probably need to keep my work to myself or sharing it with a few friends, then. Of course I would put a note at the beginning of the book stating it is an unofficial novelization and citing the copyright holders game developers and publisher.

My pleasure. The safest way to share free work would be to share it via a web page or forum. Because Amazon is primarily about publishing for money, it can invite greater scrutiny even for free works. Contacting the rights holder might be more successful than you think. The only other person who would see it is my sister, and she writes it with me. Also, can the way a person looks be copyrighted? My character has rather a fascinating look, but it is the way the actor looks in real life, and obviously they look this way in their films as well.

No other distinguishing marks or qualities. There is absolutely no danger in writing fan fiction and sharing it with your self, co-writer, family, or friends.

Art Saves: Stories, Inspiration and Prompts Sharing the Power of Art

All of the advice above really covers work that has entered, or is getting close to, the commercial sphere. This article is really helpful. I was wondering if you could perhaps offer me some advice though. The terminology, setting and plotline are all of my own original creation, however the protagonist characters used are based off real live people Japanese idols.

If I was to consider publishing, I would be certain to change names, and also personalities where needed. Any advice on what I can to do avoid legal issues if I wished to try and publish this fiction? Those I have spoken to about or shared snippets of my fanfiction with often ask whether I plan on publishing, under the claim that it is well-written and an original idea like they have never heard of before. Part of me is certainly keen to at least try publication but I am worried about the legal issues that could arise. I appreciate any information or suggestions you may be able to offer me regarding this dilemma.

It kind of depends on how unique these events are. It sounds as if you should be fine — the best measure is whether an independent but uninformed person could read your book and draw conclusions about real people from it. If, for example, a character is said to be the only holder of a real award, and their real-life counterpart is in the same position, that could be taken as you suggesting to the reader that they should understand the fictional character as that real person. In the example above, you could simply change the name of the award.

I found this article to be very helpful and the information provided cleared out most of my questions, so thank you! Of course, they make changes in their writing to accommodate their characters in the world and most of them provide disclaimers in their work, but I still have the question: does this type of fanfiction commit copyright infringement, seeing as it blatantly includes copyrighted plot, characters, and even dialogue? In more straightforward terminology, adding a new character is unlikely to change anything about the legal status of a piece of fan fiction.

A lot of people seem to like it, but the subject of my fan fiction is very complicated. Its based of a Chinese web novel. In this web novel the main character and his team go on adventures through movie worlds like Resident Evil, The Mummy, and Transformers and fight with or against characters from the movie worlds in a death game environment where they also enhance themselves with fictional powers. This is a legal work because China has strange or none existent rules for copy rights.

I also live in the U.

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S if that matters, so where does my fan fiction stand and can I sell it? Any advice is appropriated. Hi, Robert! I just have a quick question! So I wrote some novelizations of my favorite video games Legend of Zelda where I do take some creative licences by adding my own elements of the story itself and making it my own. What would you say about this? You should be completely fine with having the book bound, in the same way as it would be perfectly legal for you to simply print it off.

Hi Rob, So my partner and I have written a show based off of a popular tv show that has now come to an end after many seasons. We have developed pretty much everything. All the characters, every main and subplot line, we have the whole season 1 developed to the fullest and have already started planning for the second. We have a pitch ready, we have every episode from explained in detail, and the first 4 episodes in screenplay with a strong pilot.

We want to contact these producer to be able to work with them. But how do we go about this the right way legally? If parts of your script still use elements of the existing show, things are more complicated. I have a question! It involves our own characters and some human characters from the anime. Dear Mr. In my case, learning your language is a pending subject. The Legion series of the FX has inspired and encouraged me to do a work. It takes as the initial stage part of the first chapter of eight chapters series.

A character of fiction that does not appear in the series narrates in a daily form his experiences in the hospital, that does come in the series and outside of it, places that do not appear in it. Naturally I include descriptions. But other spaces that do not appear in the series are described in the work. But the dialogues are not those of the chapter, they are my invention, although the description of the characters and part of their psychology also belong to the script of the series.

However, I introduce numerous data, or aspects of the personality of these people that also does not appear in the series. I enter details of Lenny Burker that do come out in Legion, tattoos of henna hands but I give a much more significant role, sympathetic magic, traditional power channel.

In the first chapter there are specific clothing for the hospital staff and sick people, and I make a reference to them in the past, generating an analogy with the uniforms of the prisoners of the German concentration camps. This work inspired me and I do not want to throw in the towel. Do you think I should get in touch with Mr.

Noah Hawley or FOX? Should I change things? Except in particular things is another narration, but with parallels. Thank you so much. I was thinking about making fan fiction as a means for income, and reading this is really enlightening. Just not set in Hogwarts. Would I still be able to sell my work without ending up in court?

Our article on writing about real people is linked below. I have a really specific question on the copyright thing. There is this band I am listening to and their stuff songtexts, music videos, etc. However, the story would contain settings and plot points of the MVs but also a lot of plot points that I will add myself. I am really confused because normally fan fictions are more about movies and books and not about MVs, but then there are songfics so I guess it still would be considered a fanfiction.

I really think that the story that the MVs are telling would work as a great book the story in the MVs is very loose and up to interpretation and I would love to write that book. Hope you can give some advice on this. A complex situation indeed. That said, the kind of sampling and referencing you mention sounds like it would fall under fair use, so on its own, this should also be fine. Thanks very much for your article. Very helpful. Would appreciate your comments as well. My sequel to A Rose for Emily was the result of a writing prompt at a writers forum. It was so well received, I thought perhaps I should explore ways to share it with a more general audience.

Expanding Our Vision for the Arts in Education

Copyright and trademark law is drafted with the express intention of allowing new works and approaches to flourish, and the literary canon has been graced with many stories that are fan fiction in all but name. If not, however, be sure to recycle everything you can from it in later works. If readers love it, it deserves to live on in some form. The article below expands on this. Thanks for the encouragement, Rob. Will definitely look further into the possibilities. It also encouraged me to take a closer look at the benefits of writing fan fiction.

Anyone see any serious legal issues? Depending on content, there are a lot of potential issues, as covered in the article and other comments. Basically, I used the characters and their original names in the fanfiction and some of their personality traits; however, I completely changed their background stories. For example, Character A has trust issues in the show, so instead of using the background story they gave them, I completely made up my own family backstory for them to produce a similar resulting personality. This makes me think I can publish it for profit, but what I need to know is how much of the story dialogue and description can I keep from the fanfiction work?

Can I have a conversation that is word for word from the fanfiction in the new work I would like to publish? I feel like my fanfiction can stand alone and be self-contained with its own characters once I make slight changes to physical descriptions, change relationship dynamic ex. Thank you for your help, A. So long as you remove protected materials from your story — those related to the original work — you can use as much of your fan fiction as you like.

The Director is long dead btw. Thanks for the article! I still have some questions though. That means that if it was a regular story it would be made of 6 books. Is there a workaround? Could I ask permission for using the copyrighted characters here in Italy? Thanks, Elena. Thanks for asking. Hi Rob! I was planning on writting of a fanfiction and publishing it on my blog. But after reading your article I think I need your help. I just wanted to use the powers of the characters used in the the last Airbender universe.

All those bendings mentioned in the movie was something I wanted to use. Is it legal? Woods, I have been reading this line of conversation while trying to ascertain if I am potentially in violation of copyright laws. I have been a coauthor in a project for many years now. This is based in a fantasy world where pop culture references are attainable items. So your character is able to progress through a quest line, and at the end, they can attain for example the Sword of Power from He-Man. Are we able to do something like this.? Thank you for your time. Respectfully, Justin.

My apologies. No problem whatsoever. Unfortunately, the type of arrangement you describe would likely result in legal difficulties. Thank you for your help! Thanks for the article. I was planning on writing a fanfiction and posting for other readers. If I was to write the fanfiction about a character from a movie with the same name, personality and setting but with a different story line, would I get into any legal trouble? I am not planning on making profit from it.

Thank you for your time Sincerely,. Thank you for the information. I write fanfiction for fun, for free, but it gets way more reviews and likes and follows than my actual published work—lol. A no-no indeed, unfortunately. Monetization-wise, the best thing I can suggest is using your fan fiction to direct fans to your original work. I never actually got much attention from it one comment haha or tried to sell it, should i be worried about getting into legal trouble? It has to do with how much of the original is reused and how significant the reused parts are, rather than how much of the derived work is from the original.

One line is not much of a whole novel, but it is quite a lot of a short poem. A work might be held noninfringing even if it fails two of the factors if the court decides that the other two factors outweigh them in this particular case. There is such a thing as criminal copyright infringement, but it involves making verbatim copies for sale.

Criminal prosecutions for unauthorized derivative works are essentially unheard-of. I have a question though. However, my story is a completely realistic story no magic and centers around a specific theme of illness and recovery that is completely different from the original show. In the show, it rarely had flashbacks and vague details. We just knew she was in group homes. For example, terminology, names, quotes from the original, etc.

Again, though, this type of legal trouble is generally only relevant when publishing for financial gain. There were direct quotes from the dialogue used in their script. But who am I? Who will acknowledge my side, or any of the other fan fiction authors who only want to be recognized fro contributing to the thing they love. Read my both my star wars fan fiction and see for yourself. Google my name. More often than not, fan fiction offers more substance than what is turned out in mainstream productions, and we, fans, just want a path way to legitimacy.

We want to share our ideas and validation, because the stuff coming from the other side is frequently insulting. That sounds like a terrible experience. The intent of the laws around plagiarism is to protect original creators while allowing subsequent creative expression. In terms of rights, you should, in theory, have the same protections and options as a big-budget creator. Firstly thank you for taking the time and effort to write such a comprehensive and clear article.

My son 8 years old is a big fan of reading books and has been talking about writing his own book for some time now. Not Harry Potter. Whilst I am not keen on anxiously waiting for the letter from the publishers lawyers to arrive in the mail, I want to help him with his writing and publishing ambitions.

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