Author and editor Keith R.A. DeCandido discusses the differences between fanfic and what he calls "profic."
First off, fanfic is illegal and profic isn’t. This is not an irrelevant concern — we’re talking about the theft of intellectual property. Does that mean fanfic shouldn’t happen? Of course not — I’ve written fanfic, read fanfic, enjoyed fanfic. But then, I also enjoy driving very fast, and sometimes state police have something to say about it, and I have to pay a ticket. Of course, most of the owners of those intellectual properties turn a blind eye, mainly because no money is being made off the fanfic, and since money is the primary reason for protecting your IP…
You may have noticed that your friend Mr DeCandido ran into some rather cross and very well informed fans. He dealt with it with good grace, would that all profic writers did.
I also draw to your and others’ attention in the comments on the subject of the libel laws of the UK.
Also, he says he only listed TWO reasons why he believes fan fic is inferior…and two why he sees it as different. The third point could be argued to be a way fanfic could have the potential to be superior.
Hear hear. Pro is pro.
In his blogs, Lee Goldberg talks a lot about copyright and other property right-related issues without demonstrating anything but a cursory understanding of them
Provided that a given piece of “fan fiction” is non-commercial and transformative in character, it would likely be deemed to fall squarely within the statutory “fair use” exception and be regarded by a court as perfectly legal.