sundries

[rm]

Make the Mercury Retrograde stop, I want to get off! Seriously, I left my keys at work yesterday and I'm damn well hoping I left my passport and cash card at home this morning or else I'm a bit fucked. Also, eleventy billion other things.

Went to ellen_kushner's party for the debut of "The Man With the Knives" last night. I'm very excited that more people I know will have read it soon, as I've had things to say about it since I heard it at the NYRSF reading some time ago, but have been avoiding doing so because it's high on the list of things you need to experience in the moment. It, and the presentation of it in this form, gets at some of the stuff in my Bristol paper in a sort of sideways way. So I'm really excited about it, but am still like "fsdjkafjldgjaldfgjal! read it people, so I can talk about it!"

Anyway, cool party, cool location, cool people. One of those nexus of awesome things. *Waves at the new people.*

All of which means I did maybe less work on the Bristol paper than I should have last night. HOWEVER, 1,200 words, some of which might eventually be useful isn't bad. Also, this morning I woke up knowing how to solve the current problem with the intro, so yay? I do much of my best work when I am sleeping; I think I learned this from the Asimov Robots books; I did a book report on one of them in 7th grade and remember how the main character kept almost solving the mystery as he fell asleep after sex, but his mind wouldn't quite let him hold the connections. Thank god I can hold the connections.

A suspect has been caught in the Times Square car bombing.

You know, I don't particularly want to give the Diana Gabaldon anti-fanfic screed more attention, but I feel like some things need to be said, above and beyond all the right on kalichan said here.

1. Stories make me brave, made me brave. They help with the getting out of bed sometimes, or the walking into a room full of strangers. Which is why I find it so fundamentally appalling when writers act in a manner, that sure seems like cowardice to me, about their writing and its reception.

2. My background in largely in public relations and marketing. Add to that my life as a performer and a storyteller and nearly everything I do at least brushes against the idea of image-making and image control. And here's the thing, you can control what people see about you; but you can't control HOW THEY SEE IT. This is true of everything from the fiction you write to the self-image you sell¹.

3. I have never read Gabaldon's books, and now I probably never will. Not because she doesn't want fanfiction written about them, but because she has contempt for people engaging in dialogue about her texts. To me, this screed from her is no different than when other pro writers lash out with ad hominem attacks at professional critics or random readers offering reviews on Amazon. It's inappropriate and rude².

4. I am a published author, and I write fanfic.

5. I don't need your approval.

Last night we watched the "Hand! Evil Hand!!" episode of Angel. Is there really anything else I can say to that? Actually, there is:

1. Viscerally, totally creepy and awesome.
2. The guy who was all "kill me" -- sure, he'd lost his hand, but he seemed otherwise in tact. What gives?
3. Angel is such a fucking five-year-old sometimes.

I looked myself up on the evil that is Spokeo before opting out. It claims, when you search on my full name, among other things, that I am a scorpio (I'm a libra), that I have children (I don't), that I am a clerical worker (I'm not), that I have "some college" (I have a BA), that I have lived at my current address for 1 year (try 4), that I'm single (I'm not), that I'm not interested in politics (WHAT?), that I enjoy shopping (eh?). Now I want to punch someone.

I cannot listen to this shitty, shitty song without working on ConSweet.

---

¹ Yes, this tangent speaks to my feeling about the fact that while some RPF may be squicky some of the time for some people, that it's a valid mode of cultural dialogue.
² I'm looking at you, Anne Rice.

Comments

Re: This is rather long and I apologise for any garulity.

[woogledesigns.livejournal.com]

This is a very charged subject for fandom, because no fanfic writer is going to feel they have done anything wrong and resent the implication that they are criminals. That is perfectly understandable, fanfic writers are not intending any harm, usually only respect and tribute. The energy and commitment fanfic writers put towards their works is inspiring and often worthy of the highest commendation. But all that doesn't change what the law says. Excepting fair use, if I take copyrighted characters or settings (and they can be copyrighted here in the UK- see the case of JM Barrie's Peter Pan for an interesting example) and use them, even if I don't change on the original work I am still building upon it, and that's breaking the law (over here, anyway).

but is it really? so you see, this is the crux of my argument. As far as my understanding, from reading the law, attending professional training, studying copyright as part of my education then yes, yes it is, under the Berne convention and in the UK. Now that doesn't mean that it costs the writer money, or damages the writer's reputation or the reputation of the work, but it still impinges on their copyrights. And is, depending on jurisdiction, illegal. Whether I like to do it or not, whether it harms somebody or not. Because that's what the laws say, and that can be checked (Berne convention is online and so is the copyrights and patents act 1988, http://www.opsi.gov.uk/acts/acts1988/ukpga_19880048_en_1.htm , http://www.opsi.gov.uk/acts/acts1988/ukpga_19880048_en_1.htm ).

Of course, I accept that the law is a matter of interpretation, and subject to revision. Should the law be changed, because of the de facto existence of the widespread production and enjoyment of not-for-profit fanfic? I think much finer minds than my own need to be consulted on that matter. Even if I was totally happy for fanfic to be created from my work (should I ever give into friends encouragement and publish anything) that would mean nothing, really, because the law must strive to protect all authors of all positions.

Is fanfic that does not qualify as fair use illegal? Technically, yes, depending on your location.

Do I think it's Immoral? No, or hardly at all, depending on your ethics and philosophy.

Do I think all fanfic is fair use? If you can prove it, it is. Otherwise, no.

Do I think non-fair use fanfic should be illegal? At a push... probably. Not because fanfic shouldn't exist, but because there are already means for creators and IP holders to make it possible for transformative and derivative works to be made, such as open rights/ creative commons schemes.

Finally: Are Fanficcers bad people? What a ridiculous question. Of course not, not for writing something they consider harmless, at any rate. Gabaldon was quite foolish to have provocatively maligned the reputation of her fans in the way she did.

Re: This is rather long and I apologise for any garulity.

[kel-reiley.livejournal.com]

as i said, i wasn't debating the legality/illegality of it b/c 'depending on your location' is not a definitive answer and still leaves it all in a grey area

Do I think non-fair use fanfic should be illegal? At a push... probably. - and i'm going to have to outright disagree with you there, b/c it's going to happen whether you (general 'you') like/approve of it or not, whether it be in private, or locked forums, or amongst a small, select group - it's out there and you (general and/or creator 'you') can't control it, b/c you CAN'T control ppl (you can throw all the law at it you want, but it won't stop it)

the above is true for many, many things, not just fanfic (and not all, by any means, as benign, either)