John Scalzi weighs in with some excellent insights on this, as always. And schools someone in his comments section who says that all fanfic is crap. And also this:
So, on one hand it offers people who write fan fiction a chance to get paid for their writing in a way that doesn’t make the rightsholders angry, which is nice for the fan ficcers. On the other hand, as a writer, there are a number of things about the deal Amazon/Alloy are offering that raise red flags for me. Number one among these is this bit:
“We will also give the World Licensor a license to use your new elements and incorporate them into other works without further compensation to you.”
i.e., that really cool creative idea you put in your story, or that awesome new character you made? If Alloy Entertainment likes it, they can take it and use it for their own purposes without paying you — which is to say they make money off your idea, lots of money, even, and all you get is the knowledge they liked your idea.
Essentially, this means that all the work in the Kindle Worlds arena is a work for hire that Alloy (and whomever else signs on) can mine with impunity. This is a very good deal for Alloy, et al — they’re getting story ideas! Free! — and less of a good deal for the actual writers themselves. I mean, the official media tie-in writers and script writers are doing work for hire, too, but they get advances andor at least WGA minimum scale for their work.
See, THIS stuff is what I have a problem with.
First, step back and breathe deeply, guys. Fan creators being able to profit from fanworks isn’t going to destroy fandom. There are fandoms in existence whose originating works are entirely in the public domain. Those writers COULD publish for profit (and some do!), and it hasn’t done them any damage. It certainly hasn’t hurt the 100+ year old Sherlock Holmes fandom (unless, I guess, you’re an old white dude who pays too much in annual dues to a sexist, exclusionary fanclub). And if you pay attention to other countries, like Japan, there are markets and cultures in which profiting from fanworks is already permitted within certain boundaries.
(The issue with US copyright, incidentally, is that we have made no room for that. Personally, I think that our core issue is that US copyright law and the dominant framework for thinking about it is woefully out of date.)
If fanfic writers are given the opportunity and begin choosing to publish for profit, then we can cope with that. It will be negotiated among the readers. There’s no question that many writers will continue writing for free—because while some people may enjoy the ability to make a profit off their art, any creator can tell you that money is not the POINT of the endeavor—and readers will then be able to make the choice of whether to give up their cash or stick solely with the non-profit works. Will it be disappointing if you have to pay for certain stories instead of getting access to everything for free? Sure. Or you could just think of it as an expansion of your options at the bookstore.
What IS a massive problem is the EXPLOITATION of fandom and fanfic writers as a resource by the copyright owners. Since the days when ads began to be sold in publications, the audience has always been seen—and marketed—as a resource. Our time and attention translates to money for the publishers (or networks or whatever). Our CREATIVE OUTPUT, however, has historically been our own. Legally, it is still our own. US copyright law is clear on this: it doesn’t matter if you’re writing about characters somebody else owns, YOU own the copyright to your own work. Maybe you can’t sell it because it includes things copyrighted by someone else, but the owner of the originating work can’t profit from it without your permission either.
But it looks like the terms for Kindle Worlds offer rights owners the ability to slide around that law and undercut it via contract terms.
The other thing you guys have to understand is that this is a battle (or at least a heated renegotiation of boundaries and law) that was always inevitable for fandom. The issue of whether or not transformative fanworks—fanfic, music, vids, art, etc.—can be sold for profit without being beholden to the originating work was always going to erupt. It is, whether we consciously think about it or not, the core of the legitimacy we’ve been fighting for: is this a legitimate creative endeavour? The two possible answers are: no—in which case the copyright owner has full permission to exterminate it, or yes—in which case the creator has the right to market it as their own work. The grey area of fandom only exists because thus far, the answer has been ‘We’re not sure yet.’
So to those who’re upset and concerned about what will happen to fandom if it gets public attention or starts being a profitable endeavor, well…I’m sorry, but that’s life. Now or later, you’re probably going to have to live with that. I’m pretty sure, however, that it’s not going to be the end of all things.
This, however, is not that battle. Kindle Worlds still seeks permission and licensing from the copyright owners, who it sounds like are in return getting free rein to mine the fanworks submitted to the program as an exploitable resource, however. That is NOT legitimacy, or respectful to fans. It’s yet another attempt by the copyright owners to throw us a pacifier so that we won’t keep pushing the issue. Which incidentally, kids, has been tipping in our favor in recent years. If you want to read more about the history and progress of fanworks as legitimate transformative works of art and therefore worthy of recognition and protection under copyright law, check out bookshop‘s LJ post, I’m done explaining why fanfic is okay.
Amazon’s Kindle Worlds: Instant Thoughts – Whatever