Harry Potter and the Brazen Knock-offs

The New York Times reports that bootleg editions of the Harry Potter novels as well  as unauthorized continuations and sequels abound in  China, where counterfeiting and copyright infringement are major industries.

No one can say with any certainty what the full tally is, but there are easily a dozen unauthorized Harry Potter titles on the market here already, and that is counting only bound versions that are sold on street corners and can even be found in school libraries. Still more versions exist online.

These include "Harry Potter and the Half-Blooded Relative Prince," a creation whose name in Chinese closely resembles the title of the genuine sixth book by Rowling, as well as pure inventions that include "Harry Potter and the Hiking Dragon," "Harry Potter and the Chinese Empire," "Harry Potter and the Young Heroes," "Harry Potter and Leopard-Walk-Up-to-Dragon," and "Harry Potter and the Big Funnel."

Some borrow little more than the names of Rowling’s characters, lifting plots from other well-known authors, like J. R. R. Tolkien, or placing the famously British protagonist in plots lifted from well-known kung-fu epics and introducing new characters from Chinese literary classics like "Journey to the West."

The publishers of these rip-offs are unapologetic and surprisingly candid about what they are doing.

Wang Lili, editor of the China Braille Publishing House, which published "Harry Potter and the Chinese Porcelain Doll" in 2002, one of the Chinese knockoffs, said: "We published the book out of a very common incentive. Harry Potter was so popular that we wanted to enjoy the fruits of its widely accepted publicity in China."

I can only imagine how these knock-offs make Rowling feel…and how confused Chinese readers must be. How can they tell the real books from the fakes?

Getting off to See the Wizard

Dorothy rolling in the hay with the Scarecrow? C’mon, we all know they wanted to get naked together. That’s just one of the bizarre, fanfic couplings that Fleshbot has , um, uncovered on LiveJournal.

"D-Dorothy?"

Dorothy looked quickly over her shoulder, but her
own movement against her hand caused to moan loudly again as her eyes
met the Scarecrow’s.

Without a conversation, or her needing to persuade him, he came over between her thighs and kissed her thoroughly.

Dorothy
was surprised to feel his cloth mouth feeling rather erotic on her
mouth, making her even more wet than she was before he walked in.

She grinded her hips against his straw structure, and even that felt right.

She looked up at him with frustrated eyes, "I want you inside me."

Potter’s Literary Eco-system

The Wall Street Journal recently published an article about the "the whole literary eco-system spawned by the series" and briefly touched on the fan fiction.

At least a dozen new or updated Harry Potter-related titles will likely
be published this year, according to Cambridge Information Group Inc.’s
R.R. Bowker. These aren’t the kind of faux Potter fantasy tales that
are posted on the Web, though there are plenty of those. (One site,
harrypotterfanfiction.com, says it holds more than 34,000 stories and
receives in excess of 40 million hits a month.)

[…] There are limits. Copyright law will prevent other authors from
offering new titles using Ms. Rowling’s characters and settings unless
they’re obvious parodies. “Boundaries exist,” says David S. Korzenik, a
publishing attorney with the firm Miller Korzenik Sommers LLP.
“Characters can be copyrighted, and settings can be protected,” he
says. “But if you are doing a parody you can go forward with the
understanding that the parody won’t be book eight or nine of the series
but rather is trying to deliver something very different or
transformative.”

Most authors don’t challenge amateur authors who write tales about
favorite characters as long as it’s not commercially distributed, he
says. While it’s technically a copyright infringement, “fan fiction” is
usually perceived as a way for fans to enjoy themselves while creating
further interest in the original work. “Nobody views it as a
substitute,” says Mr. Korzenik. Guidebooks and predictions of future
events are protected as well, as long as authors don’t borrow too
heavily from Ms. Rowling’s work.

You’ve Got to Love The Hypocrisy

I got this email from Penny today:

I recently discovered your website while looking for information on fan fiction
and copyright law.  I was extremely interested in your views and the dry wit
with which you describe the fan ficcers that you have encountered.  One aspect
of your site which particularly interested me was your reference to plagarism
within fan fiction communities. […] I came across this community where fan ficcers "name and shame" those who are found to be
"plagiarising" their creative exploits.  It really does take hypocrisy to a
whole new level.
It certainly does. The site is called "Stop Plagiarism: Investigation into and Condemnation of Plagiarists." These fanficcer plagiarism vigilantes don’t have a problem with people who steal the characters, ideas and worlds of original authors, just those who steal from the intellectual property thieves. The hypocrisy is really quite astounding…and, sadly, all too typical of the fanficcer mindset. Here’s an example of one of their  "investigations" :

On the 20th and 22nd February 2007 respectively, Jabri uploaded the two RPS fics
‘A moment in time’ and ‘I Just Called Him "Love"’ to her LJ. It became apparent
that these were in fact close copies of the two fics ‘Afterglow’ by Melly (loopy_1981),
published on LJ on the 22nd February 2005, and ‘Ya Wanna?’ by Mouse, published
on boundbyblood.com and last modified on the 22nd August 2002.

In both
instances the only fundamental changes to the fics were to make them fit JM/DB
slash – ‘Afterglow’ being JM/NB and ‘Ya Wanna?’ not being RPS at all, but in
fact Spike/Angel slash. Apart from this the structure and majority of the
content was the same in both. Jabri’s fics were clearly recognisable replicas of
Melly and Mouse’s, and for this reason her actions appeared to be
plagiarism.

Jabri deleted her LJ on the 23rd February 2007. I contacted
her on the 28th February, but have yet to receive a response. I informed her
that if she did not respond we would assume her to be guilty, and so I shall now
be adding her to the list of plagiarists on the information page.

Many
thanks to all involved in this case!

My favorite part these "investigation" reports is the bit where they find someone "guilty" and add them to The List.  Funny stuff!

Fanfic vs Profic

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…

Hey, Did You Know That if Fanfiction Went Away, There Would Be No More Gays or Lesbians? What would we watch late at night on Cinemax?

I got a long email the other day. It turns out it’s from the same blogger who thinks I’m a sad little man who longs to write fanfiction.  She writes, in part:

I am a fanfiction writer, a slash fanfiction writer at that, I am not as illustrious or ambitious or zealous as some but I am glad to be one. I am as proud to be a slash fanfiction writer as I am to a lesbian and let me tell you it is very much the same feeling.

[…]At fifteen I bumped into my very first piece of fanfiction and it was like a bolt of lightening and then a few weeks later when I read my first piece of slash- its was very much like the first time I ever consider that I might be gay. It’s that monumental feeling of freedom, of knowledge; you finally know why the world seems a little off.

[…]My point is that fanfiction to you and (I’ll be presumptuous and say) I get the impression writing is too, nothing more than a hobby or a job and there’s nothing wrong with that. But you have to understand that for a lot of fans this writing helps shape who they are.

[…]Do you hate gay people Mr. Goldberg? I don’t think that you do, even if you just objected to slash fanfiction, I still would not think that. But what is the difference between what you do and a father who tells his 15 year old son it’s not okay to be gay? If there is one I can’t see it and you can hide behind all the copyright laws that you wish, but I assure you it will be no different then how the church hides behind over-zealously translated bible script.

Why is it that the people who write & publish fanfic feel that if I oppose what they are doing I must be either homophobic or have no passion for writing myself?

I love writing and am passionate about it.  I’m extremely fortunate that it’s also how I make my living and support my family, too. But believe it or not, loving to write…and making money doing it…aren’t mutually exclusive. 

But now by opposing fanfiction, I’m not just a passionless hack who writes only for the money…I am also preventing people from discovering their sexuality.

Call me crazy, but I think there are lots of ways you can discover and explore your sexuality without taking  characters you didn’t create or own, writing stories about them, and publishing them on the web without the author’s permission. It’s one thing to write fanfic for yourself to fantastize about or as a writing exercise, it’s another when you publish and/or post the stories on the web without the original authors’ consent. 

I believe it’s theoretically possible that women will still discover that they are lesbians without writing and publishing/posting stories about Buffy and Xena exploring the joys of sapphic love together…and that men might continue to discover their gay selves without writing and publishing/posting stories about Harry Potter giving Ron blowjobs…

“Oh, my naughty love, Tod thought. Where could you be?”

My Brother Tod is having lots of fun messing with the fanfic crowd over at Fandom Wank:

Just wanted to pop in to say that, no matter how much you hate Lee or
me, I’ve enjoyed reading all of this and several other posts beneath
this one. You guys are exceptionally funny. That you point out the
general fucktardery of your particular world is something I can get
behind. I’m hooked. Now, will someone write something about me where
I’m involved with Dave Navarro, Carmen Elektra and a dagget from the
original BSG? Seriously. You write it, I’ll put it on my blog. Just
make me skinnier and more handsome than I am.

And they’ve done it.  Tod is brilliant.

They Hate Me, They Really Really Hate Me

My brother Tod stumbled on a seething horde of  people who really, really hate me and he couldn’t be happier about it.

They are fucking hysterical. I mean this. I laughed my ass off reading
about their hatred of Lee, their dubious thoughts on me (they are
particularly upset with my poor grammar and word choice and misogyny,
which is basically what Wendy is upset with me about on a fairly
regular basis, but someone liked "Simplify" which thrilled me, as that
is, and always has been, my favorite story)  and then their rants on
other topics happening in and around fandom. I spent about thirty
minutes reading this website and I about pissed myself. I’ve actually
bookmarked it.

UPDATE (2-19-2007): Tod only scraped the surface. There’s much more Lee-hating to enjoy.