Can an Author Publish a Fan Fiction Based on Their Own Novel?

Thinking about publishing a fan fiction based on your own or another author's novel can be an intriguing and exciting venture. However, it is crucial to understand the legal and ethical considerations that come with it. This article will explore the nuances of publishing fan fiction, discuss various scenarios, and offer practical advice.

The Rules of Fan Fiction

First and foremost, the key to publishing fan fiction is understanding the legal framework surrounding it. Fan fiction is a form of derivative work, meaning it is based on existing copyrighted material. According to copyright law, only the original copyright owner's permission or the work being in the public domain can legally allow the creation and publication of fan fiction.

Licensed Fan Fiction

Some works, particularly in genres like science fiction and fantasy, often have a dedicated fan base and see licensed fan fiction. Well-known examples include the series Darkover, Valdemar, and Honor Harrington. These licensed works often explore new adventures or spin-offs of the original characters within the established universe. Similarly, there are some mystery or thriller series like James Bond and Spenser, where new adventures are written using the established characters but in a new setting.

Public Domain Characters

The other side of the spectrum includes works based on characters that are in the public domain, such as King Arthur, Robin Hood, and Peter Pan. These characters can be freely used and adapted by writers without the need for permission from any copyright owner.

Complexities of Publishing Original Fan Fiction

While it may be tempting to write fan fiction using your own novel's characters and setting, it is important to consider the legal implications. According to legal terms, fan fiction is considered a 'transformative work' or derivative work, which is also protected by the original creator's copyright. Unless your work is significantly altered and clearly distances itself from the original work, it could still be in violation of the original creator's legal rights.

Examples and Case Studies

A notable example is Tanith Lee's novel Dragonspoint, originally titled Kill the Dead. It is a fan fiction of the Blake's 7 series, featuring the same main characters but set in a different universe. Despite these changes, Tanith Lee was careful with character names like 'Parl Dro' and 'Myal Lemyal', which are obvious contractions of 'Kerr Avon' and 'Vila Restal', the names of the actors who played these roles.

Another example is E.L. James's 50 Shades of Grey. Initially, it was published as fan fiction of the Twilight saga. To legalise the publication, James had to dramatically alter characters, themes, settings, and plot, as well as change genres. This stark transformation is a key factor in turning fan fiction into a marketable and legally viable published novel.

Creating and Publishing Your Own Fan Fiction

It is entirely possible to write a fan fiction story involving your own character and then publish it as legitimate fan fiction. If you create a story about a character you've written, like Jane Joyce, an Irish writer, and you include James Bond in your story, you must write it as fan fiction because you don't have authorization to write about James Bond. However, if you create a story solely about Jane Joyce and her adventures without including any copyrighted characters, you can sell it to a paying market, and there's no need to label it as fan fiction.

There are also cases where writers might choose to self-pub fan fiction to maintain creative control without committing to traditional publishing norms, especially if they don't have official permission for the characters.

Conclusion

While there are complex legal and ethical considerations, fan fiction written and published by an author can be a fascinating and creative outlet, providing a richer and more nuanced exploration of their original work. Always ensure your work adheres to the legal guidelines and maintains clear transformation from the original content to avoid any legal pitfalls.