is fanfiction illegal?

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  • Опубліковано 3 жов 2024

КОМЕНТАРІ • 357

  • @ColeyDoesThings
    @ColeyDoesThings  7 місяців тому +177

    Would you guys be interested in more law related fanfic videos?👩‍⚖
    Go to buyraycon.com/coley for 15% off your order, plus free shipping! Brought to you by Raycon! 🎧

    • @belodie
      @belodie 7 місяців тому +12

      I'd love to see more videos going into law and fanfiction. For example, if you start out with an existing character and change them over time (like in a canon divergence au), how much difference is required for them to legally become an original character? Can they ever?

    • @shinrakai
      @shinrakai 7 місяців тому +6

      This was fascinating! I loved hearing about these loopholes! A question I had from this video in the last section is "Is it illegal for you to write a commissioned fic and post it on A03 and state that it was a commission? Is it actually better for you to do so? I know Evie stated not mentioning that fact was low risk to you as the author but does mentioning it was a commission make it more or less safe for you? I hope to see Evie back again!

    • @ashleyhansen4479
      @ashleyhansen4479 7 місяців тому +2

      Off topic, but your dog is extremely adorable!

    • @3LainE_
      @3LainE_ 7 місяців тому +1

      Yes, defnetly! It's so intresting! I love how your channel covers different aspects of fandom culture ❤

    • @bbshrimp
      @bbshrimp 7 місяців тому +1

      yesssss definitely!

  • @asillybutprettylily3658
    @asillybutprettylily3658 7 місяців тому +2270

    Bro Evie is one dedicated soul. Liking writing and reading fanfiction so much that you go to law school so the law won't screw you over when producing it

    • @tegcat
      @tegcat 7 місяців тому +45

      my irl best friend is named evie- 😭😭

    • @blue_the_boy_kisser
      @blue_the_boy_kisser 7 місяців тому +41

      Phoenix Wright core

    • @heyitsevie
      @heyitsevie 7 місяців тому +13

      Was so confused until that part of the video happened 😂😂😂

    • @m3lib3ll
      @m3lib3ll 7 місяців тому

      😊😊​@@heyitsevie

  • @TheGoldfishArmy
    @TheGoldfishArmy 7 місяців тому +610

    24:58 The idea of the Omegaverse Lawsuit being taught in Law Schools is fucking hilarious.

    • @lilaculots
      @lilaculots 2 місяці тому +4

      in lindsay ellis' video on the case, iirc she said something to the effect of 'they're going to have to cover this case in law school in 10 years and i find that hilarious'. uh. apparently it didn't take that long!
      also evie 25:50 i'm not sure whether you will be pleased or even more disturbed to know that omegaverse actually started with supernatural *RPF,* not samdean

  • @cvlvstia
    @cvlvstia 7 місяців тому +691

    if fanfics are illegal, i'd be gladly breaking the laws...

  • @Keido241
    @Keido241 7 місяців тому +1408

    No law is gonna stop me from writing fanfics

    • @Ceruleansquid-lo3iv
      @Ceruleansquid-lo3iv 7 місяців тому

      Be gay do fanfiction crimes

    • @blueberry_borb
      @blueberry_borb 7 місяців тому +118

      Nor will any law stop me from reading it. Thank you for supplying us all with wonderful fics

    • @XENAFIX
      @XENAFIX 7 місяців тому +15

      Thank you 🙏

    • @fandomgaymertransgirl2.0
      @fandomgaymertransgirl2.0 7 місяців тому +9

      Same.

    • @jackthorton10
      @jackthorton10 7 місяців тому +17

      Freedom of Expression… don’t let them take that from us

  • @Mushroomelixir
    @Mushroomelixir 7 місяців тому +364

    Fanfic writers are gods, meaning we're above the law.

  • @MinisDunyasi5
    @MinisDunyasi5 7 місяців тому +1254

    On the topic of fanfiction, I find Sherlock Holmes and its adaptations fascinating.
    Since Sherlock Holmes is in the public domain, we can do whatever we want with him. Not just for fanfiction writing but publishing, but for making movies and series of him as well. So technically, any Sherlock Holmes work that doesn’t strictly follow the original is a fan work such as fanfiction, a movie or an episode with a fanfiction script.
    On top of that, Sir Arthur Conan Doyle (the author of Sherlock Holmes) said, “You may marry him, murder him, or do anything you like to him”. Even though Sherlock Holmes fanfiction and adaptations can be absurd at times, it’s good that we have the author’s “blessing”.

    • @SirStrangefolk
      @SirStrangefolk 7 місяців тому +24

      But Doyle did at least to some extent protect his IP, right? That's why they had to change Sherlock Holmes' name in the Arsene Lupin books to Herlock Sholmes and argue he was a parody iirc.

    • @pebblesWatchesYt
      @pebblesWatchesYt 7 місяців тому +91

      ​@@SirStrangefolk I believe it was his estate who was stingy.. not him himself.
      When enola holmes was being made, the doyle estate was stingy that they made sherlock "too emotional". Sir Doyle didn't care much about what the people did with sherlock holmes because he himself didn't like him, it was his estate who were getting the profit after his passing.

    • @SirStrangefolk
      @SirStrangefolk 7 місяців тому +6

      @@pebblesWatchesYt But the Lupin books were written during Doyle's lifetime. As I understand it Doyle himself was involved in 1907.

    • @Michelle___xoxoxoxo
      @Michelle___xoxoxoxo 7 місяців тому +9

      ​​@@SirStrangefolkSome of his later works are still under copyright, in fact, since obviously they weren't released all at the same time

    • @vanessarl8
      @vanessarl8 7 місяців тому +5

      ​@@pebblesWatchesYtWait he didn't like his own protagonist?😳 That's interesting

  • @moonycat
    @moonycat 7 місяців тому +983

    I mean, a MLP/Fallout fic is in the library of congress, so it can't be that bad

    • @chibicelesti4859
      @chibicelesti4859 7 місяців тому +111

      Hold up! Fallout: Equestria is WHERE!??!?! HOW?!?!

    • @alexandraulfhielm3606
      @alexandraulfhielm3606 7 місяців тому +140

      @@chibicelesti4859I think Coley made a video about Fallout: Equestria a while back. And yes, it is in the library of congress. Crazy, right?

    • @Fanoflotofstuff
      @Fanoflotofstuff 7 місяців тому +134

      ​@@chibicelesti4859Even Crazier is that someone wanted it gone from there and they were FIRED for it!

    • @Denabella
      @Denabella 7 місяців тому +20

      Wait... Wait wait wait. Which one?

    • @kirbysthiccthighs
      @kirbysthiccthighs 7 місяців тому +72

      @@chibicelesti4859yep. the library of fucking congress has a my little pony fanfic in it

  • @glory2cybertron
    @glory2cybertron 7 місяців тому +154

    Fans doing x for non-profit gets stigmatized, but companies with $$$ doing the same for profit is considered untouchable

  • @amzyelizabethxx
    @amzyelizabethxx 7 місяців тому +438

    If this is about the binding and selling of fanfiction, I have so many opinions on it and the main thing is if they take my babies and fanfiction away idk how I will survive ahah

    • @amzyelizabethxx
      @amzyelizabethxx 7 місяців тому +42

      But also as someone who's currently doing a degree in law this is incredible interesting. Combining two of my special interests is fun and exciting!!

    • @Bane_Amesta
      @Bane_Amesta 7 місяців тому +25

      I'd be honored if someone liked my fic enough to bind my fic, as long as is just a one copy for their own enjoyment , buying a fic tho? No thanks I don't want that trouble

    • @amzyelizabethxx
      @amzyelizabethxx 7 місяців тому +4

      @Bane_Amesta totally agree. I think if people are doing it for enjoyment and not profiting off of someone else's work then it's so pretty. But selling other people's work without their permission especially fnafiction cause it lives in such a legal gray area is wrong.

  • @friskybitzboi
    @friskybitzboi 7 місяців тому +175

    Rainbow Rowell did write “What if Drarry was canon?” books and you bet your ass I bought those instead of Harry Potter

    • @samanthadiaz2318
      @samanthadiaz2318 7 місяців тому +24

      One of the very few books that ive actually bought is Carry on.
      And as a Drarry non-shipper, im still very grateful that this ship led to Rainbow getting inspired to write them into whole new characters and worlds. I am so thankful for transformative works, especially in the Simon Snow series (it's so many layers of meta of fanfiction and unsurprisingly the fanfics of the simon snow series are some of the best writing ive ever read ANYwhere)

    • @fluffycorn_njst
      @fluffycorn_njst 7 місяців тому +6

      @@samanthadiaz2318the Carry On series is actually in my wishlist just for the premise! 😂

    • @imaginieiota6298
      @imaginieiota6298 4 місяці тому +1

      ​@@samanthadiaz2318 woah I read carry on 💀 I didn't knew it was a drarry fanfiction oooooo

  • @i.shuuya3231
    @i.shuuya3231 7 місяців тому +231

    Copyright laws are kinda scummy tbh. It's only "ok" to do it if you don't get any money from it or if your work doesn't become more relevant than the original one (which is out of your control).
    This leads to BS lawsuits like when DC sued a chilean _family-owned neighborhood_ bakery called "Superpan" (obviously alluding to Superman) or when Disney sued a carwash in Chile (yes, again) for opening a car wash themed around Star Wars (which looked super sick btw. The cosplays were genuinely good).
    Let's be honest here, copyright laws only exist to protect these big entertainment empires and not smaller creatives. The last time a writer won a lawsuit for intelectual theft was in 1980...

    • @Sapphykins
      @Sapphykins 7 місяців тому +17

      Part of the problem is that if someone being sued for infringement can prove the copywrite holder hasn't been enforcing their copywrite, that's considered a valid defence, and if a company loses a case on that basis, it obviously then has a knock on effect on any future cases, so it's in their best interests to file a lot of bullshit cases like the ones you mentioned in order to establish a pattern which courts can look at in the cases the companies *actually* care about.

    • @DayDreamingWriters
      @DayDreamingWriters 7 місяців тому +17

      Dont forget Disney sued one family, that made grave stone with spiderman for their dead 5yo son

    • @SebastianSeanCrow
      @SebastianSeanCrow 7 місяців тому

      Disney really fucked up copyright law for their own benefit. They killed public domain-which they’re famous for pulling from

  • @AbrahuZaybaman
    @AbrahuZaybaman 7 місяців тому +74

    As a fanfiction writer. I would like to quote the words of a famous Right To Repair activist after Ubisoft told people they should 'be okay with non-ownership'.
    "If Payment isn't Ownership, Then Piracy isn't theft"
    -Louis Rossmann
    Fanfiction is not theft.

  • @ohnoherewegoagaindudes.379
    @ohnoherewegoagaindudes.379 7 місяців тому +159

    Garlic Parmesan Mac n Cheese
    4 tablespoons unsalted butter
    8 cloves garlic, minced
    4 cups chicken broth
    2 cup milk
    16 oz macaroni
    salt, to taste
    pepper, to taste
    1/2 cup grated parmesan cheese
    4 tablespoons fresh parsley, chopped
    1 teaspoon of cayenne pepper
    2 tablespoons of garlic powder
    1. Heat unsalted butter in a large skillet over medium high heat. Add garlic and cook, stirring frequently, until fragrant, about 1-2 minutes.
    2. Add in the chicken broth, milk, cayman pepper, garlic powder, and macaroni. Season with salt and pepper.
    3. Bring the pot to a boil, then reduce heat and simmer, stirring occasionally, until pasta is cooked through, about 18-20 minutes.
    4. Stir in Parmesan. If the mixture is too thick, add more milk as needed until desired consistency is reached.
    5. Serve immediately, and top with parsley.
    6. Enjoy!

    • @sandral.3799
      @sandral.3799 7 місяців тому +13

      Thanks, gonna make this next week

    • @serenac.7192
      @serenac.7192 7 місяців тому +11

      Gonna make this after the video. It sound DELICIOUS!!

    • @vexxus3425
      @vexxus3425 7 місяців тому +7

      I’m so screenshotting this

    • @mirandabee2323
      @mirandabee2323 7 місяців тому +7

      This has similar energy to that weed brownie recipe in the comments of that anti-reylo fic, but more... calm? Less unhinged?

    • @auliamate
      @auliamate 7 місяців тому +5

      im screenshotting this so hard bro

  • @tegcat
    @tegcat 7 місяців тому +385

    proud to say that i got this notification while reading fanfiction.

    • @Weird.Silly_.Gay_
      @Weird.Silly_.Gay_ 7 місяців тому +17

      Same Bro😭 I was just reading *Cough* *Certain* fanfics-

    • @Keido241
      @Keido241 7 місяців тому +7

      Same 😂

    • @alexandraulfhielm3606
      @alexandraulfhielm3606 7 місяців тому +3

      Me too 😂

    • @themoonlightknight
      @themoonlightknight 7 місяців тому +8

      same. i was reading a hurt/comfort fanfic 😭😭

    • @tegcat
      @tegcat 7 місяців тому +6

      @@themoonlightknight LITERALLY SAME

  • @Bones_andArrows
    @Bones_andArrows 7 місяців тому +51

    I stand in front of the judge. He waves a paper at my face, the sharp edge of the paper nearly slicing under my eye. He grits his teeth, hissing in my ear
    “Do you know what..this is?” He slams the paper down on the desk. I peer over at it.
    The scrawlings on the paper read…”Sonic x Thomas the tank engine smut”

  • @dougligaming
    @dougligaming 7 місяців тому +83

    You mentioned Paramount having guidelines now for fan films. So I just wanted to mention that Mihoyo has guidelines for their games too. Basically promising they won't send DMCA take downs for any fan works including physical merch as long as you aren't making too many (aka under 200 pieces of the same item). And if you do reach that threshold you just have to email them to get approval. Which is nice compared to every other company that doesn't say anything until they decide a fan work has gotten too popular or profitable and decide to take down only that work. Leaving the rest of us to guess where the line is.
    It's always been weird to me that everyone's like nooooo don't sell your fanfic physically! But then turn around and every artist alley in every anime and comic convention are filled with artists selling physical prints of fanart. Fan prints at conventions have always sat in weird grey area. Disney isn't exactly walking through Artist alley at SDCC handing out dmca takedowns to every artist selling a print with a disney character on them. And these creators booths are actively competing against Disney's booth at the convention. So why is printed fanfic the line? The profit from printed fanfic is nothing compared to the millions of dollars all fanartists combined make in a year from conventions. And most of the time charging 40 bucks for the printing, packaging, and mailing of a zine barely breaks even for the creators of the zine. Unless they are actively publishing with an official publishing house and getting their fic sold as a physical book in barnes and noble like you said. Fan fic authors shouldn't get in trouble for selling a physical zine of a few of their fics. It's just not fair when artists are selling posters, keychains, stickers, plushies, and hell body pillows at conventions and not getting in trouble.

    • @Caterfree10
      @Caterfree10 7 місяців тому +8

      Agreed abt physical fics. Fanartists get to do whatever they want with monetizing their art, but fan writers get the shaft every time. It’s so stupid and a double standard.

  • @bleachbleachBLEACHER
    @bleachbleachBLEACHER 7 місяців тому +183

    At some point, publishers and producers and corporations just have to get down off their high horses and recognize that in MOST cases - fan works are free advertising for their products.

    • @Marshie_Gum
      @Marshie_Gum 6 місяців тому +7

      The amount of games I've learned about and then played is unreal so yeah it's free promotion

  • @melloschocolatecake
    @melloschocolatecake 7 місяців тому +229

    While I am watching it, my biggest take for fanwork is: I am betting that a good 80-90% of fandoms would not be as popular, or make as much money as it does now, without fanfictions. Fics are what keep people in fandoms years after the final production is made, and make them want to buy official merchandise. I can already promise you, my collection of Harry Potter merch would be non-existent if it wasn't for the constant flow of fanfics after the final movie. A lot of anime fandoms would also suffer, because why stay in a fandom that offers you nothing besides a potential lawsuit? Also, I doubt shows like Supernatural or Dr. Who would be as consistently popular today, because every fan who try to convince me to watch them always bring up the fanfictions they love reading.

    • @ConspireTheMuse
      @ConspireTheMuse 7 місяців тому +14

      Oh, for sure. That Superwholock exploded in the way it did is no accident, I know that, and it was DEFINITELY in large part due to the active fandoms making fanfiction after fan theory for them. Supernatural? I mean... if you aren't into that kind of thing, you probably won't like it. Sherlock? Ehh, if you like crime solvers and snark, you might enjoy a few episodes. Doctor Who is an interesting case where the source material is so evergreen and ages very well (except the Thirteenth Doctor, who is a world of suffering on her own) for all ages of viewer that even the episodes from the 70s are fun watches. But once you get a favorite doctor? Straight to AO3 with thee!

    • @shadowgirlreiesu8949
      @shadowgirlreiesu8949 7 місяців тому +2

      I agree with that. Most of the fandoms I am apart of, and am an avid reader of, I only got into because of the amazing writings of fanfiction readers. I didn't have internet growing up until I was a teenager and wasn't interested on catching up on series that I only watched a few episodes that were showing on cable. This included anime. Fanfiction showed me what I was missing out on and as soon as I read a good fanfic of a fandom, I immediately went to watch or read the original content.
      Side note: I just have to say some of the writers on AO3 have such a phenomenal writing style that the only thing that's familiar in the work are the characters. Their world building and OC's are amazing that it can somewhat be separated from the original content.

    • @SebastianSeanCrow
      @SebastianSeanCrow 7 місяців тому +1

      I got into supernatural and the BBC Sherlock show cuz of a friend talking to me about them! For SPN my friend like gave me the run down of a fic called Twist & Shout and then I decided to watch SPN shortly after. Sherlock didn’t take much convincing cuz I loved reading it as a kid lol

    • @ConspireTheMuse
      @ConspireTheMuse 7 місяців тому

      @@SebastianSeanCrow NOT TWIST AND SHOUT OH NO, you've brought back MEMORIES I still can't listen to that song bro

    • @darkdark9882
      @darkdark9882 4 місяці тому +2

      Maybe not specificially Fanfiction, but fan engagement (Fanfiction, fanart, challenges, videos, animation, memes. ETC) in general is a VERY important part to make something successful, so companies and stuff like that rarely have a reason to discourage it, since it brings more sales.

  • @Lady_ETHNE
    @Lady_ETHNE 7 місяців тому +111

    Everyone in the comments saying they were reading/writing fanfics as this was uploaded gives me hope for humanity.

  • @IWannaBeABlueCar-mz2in
    @IWannaBeABlueCar-mz2in 7 місяців тому +594

    9:09
    Evie: yeah copyright holders don’t want to apply copyright laws to fanworks because it makes them look bad
    Nintendo: 👀

    • @eli_patrick2
      @eli_patrick2 7 місяців тому +21

      Fresh TV @ Total Drama Reunion:

    • @malaineeward5249
      @malaineeward5249 7 місяців тому +45

      I've heard Nintendo has to because of the way Japanese Copyright law works

    • @heyitsevie
      @heyitsevie 7 місяців тому +13

      Nintendo only really does this if the fan work has been monetised
      otherwise, I think they don't care too much?

    • @kiriki4558
      @kiriki4558 7 місяців тому +2

      But Nintendo doesn't do that to fanworks that follow the laws.

    • @xX_Berrie_Black_Xx
      @xX_Berrie_Black_Xx 7 місяців тому +3

      @@heyitsevie Brick Bronze

  • @furioussherman7265
    @furioussherman7265 7 місяців тому +293

    Even if fanfiction is illegal, I'll still write it. Fuck the capitalists who make copyright laws in order to line their own pockets at everyone else's expense.

    • @emilyweston460
      @emilyweston460 7 місяців тому +23

      Uhhh copyright isn't evil. It actually protects the little guys too?
      It protects your OCs and your comics. Imagine if you pitched your magical owl domicile isekai to Disney or your LGBTQ+ British teens comic series to Netflix and they could be like, "no thanks," and then turn around and take it anyway 100% as is and there was legally nothing you could do about it.
      It's definitely not perfect, but it protects you too.

    • @furioussherman7265
      @furioussherman7265 7 місяців тому +25

      @@emilyweston460 That's already exactly what happens. Laws benefit the wealthy and powerful and hurt everyone who isn't them.

    • @SylvesterLazarus
      @SylvesterLazarus 7 місяців тому +9

      ​@@emilyweston460They will take it anyways, then you can spend half your life's worth of cash on legal fees, but you won't be able to sue them successfully.

    • @hungariangiraffe6361
      @hungariangiraffe6361 7 місяців тому +1

      It was kinda hilarious to read this in Thrawn's voice in my head😂
      Btw I'm personally writing two series rn, one is a Hogwarts Legacy and Harry Potter fanfic, while the other is my very own original fantasy series. I've looked up what J K Rowling says about fanfiction, she said that as long as it's not published on paper, nonprofit and child friendly she's alright with (and flattered by) it, and I respect that (I have never thought to write it on a way that would violate it anyway). And for my own book, if it ever becomes popular enough, I'll say I'd feel honoured by fanfic writers caring so much about my world and characters, and as long as it's not a smutfic (I won't sue them for it either, I'd just personally feel happier that way). And for the profit, I have always planned that I may keep a small percentage of money earned by selling my books, but I'll donate most of it to charity. Mainly to war refugees, civilians in war zones, hospitals, to end hunger and to protect the enviroment, because these are important things in this story and I feel like it would be a nice touch to it. So I'd encourage fanfic writers to do the same.

    • @PardonSylver
      @PardonSylver 7 місяців тому +5

      ​@@emilyweston460let's keep in mind Disney actively lobbies to extend copyright expirations so they can keep milking their characters while preventing others from taking their ip and doing something transformative with it.
      This is because Disney was built on the corpses of Public Domain works. They KNOW that if done right, someone can take something from the public domain and go big with it. And they don't want that. Disney is actively monopolizing the entertainment industry by buying out studios that show potential in rivaling them and effectively shutting them down.
      If Disney is willing to acquire whole studios only to shut it down because they're threatened, they WILL steal from the little guy sitting on a gold mine of an idea. And no copyright law stops them because money outweighs the morals in the eyes of the justice system.

  • @drowayablk3665
    @drowayablk3665 7 місяців тому +29

    Man, as a fanfic enthusiast, I was super interested when I started working for Walmart in the Photo Lab. Copyright law was enforced heavily there and I found out so much about creative laws and copyright. I honestly love AO3 as well for being the lovely people they are being willing to fight for the rights of creative artists. They are wonderful! ❤

  • @RubyIrisNutus
    @RubyIrisNutus 7 місяців тому +177

    The fact that this was posted while I was writing a fic.

  • @AbrahuZaybaman
    @AbrahuZaybaman 7 місяців тому +17

    Studios should me more worried when people stop writing fanfiction.

  • @im_bored_hi_
    @im_bored_hi_ 7 місяців тому +92

    Finally Coley is here to concisely explain something I’ve been wondering for a long time! Thanks again Coley, our resident fandom researcher.

  • @Demaad
    @Demaad 7 місяців тому +61

    Reminds me of the first Owl House episode, where that BATTs/CATTs girl Katya was imprisoned just for writing fanfic

  • @svgerd
    @svgerd 7 місяців тому +37

    as a law student who has read way too much fanfiction, this is right up my alley :')

  • @86fifty
    @86fifty 7 місяців тому +27

    23:48 - the psychic damage I took, seeing "chosen one" and "rebirth" and "kabe-don" IN THE SAME SLIDE LOOOOOL

  • @Ceruleansquid-lo3iv
    @Ceruleansquid-lo3iv 7 місяців тому +112

    Dante's inferno isn't bible fanfiction, it's historical RPF about the people Dante wanted to meet in a bible AU

    • @iris3511
      @iris3511 7 місяців тому +12

      Sooo a fanfiction?

    • @Ceruleansquid-lo3iv
      @Ceruleansquid-lo3iv 7 місяців тому +21

      yeah, just not 100% a bible fanfiction. Only like... 50%

    • @iris3511
      @iris3511 7 місяців тому +4

      @@Ceruleansquid-lo3iv So it is a fanfiction ok I understand

    • @mystik_owl
      @mystik_owl 7 місяців тому +17

      so it's a self-insert?

    • @Ceruleansquid-lo3iv
      @Ceruleansquid-lo3iv 7 місяців тому

      ​@@mystik_owlI think, I haven't actually read the original, just a bunch of summaries.

  • @86fifty
    @86fifty 7 місяців тому +40

    Yaaaas, I would love more law-related videos! I think it's super important to know the story of where fandom WAS in the decades before the internet, when fanfiction and fanworks WERE sent cease-and-desist orders often-ish. Before so many creators decided that fanworks were A GOOD THING for them to foster.
    Personally, I just love the interview format. Really impressive length on this one, too! And I am SO impressed by the visuals??? How did Evie DO THAT?? Amazing

  • @pidgeongguk8818
    @pidgeongguk8818 7 місяців тому +17

    I saw the screenshot of Evie's account and choked on air - they're such a celebrity in the mxtx fandom! So it was lovely hearing their voice

  • @JustAnotherHaiku
    @JustAnotherHaiku 7 місяців тому +17

    The extent of my fanfic legality knowledge was that it falls under fair use as long as it's not for profit, so it's cool to see a deep dive into this topic.

  • @100lovenana
    @100lovenana 7 місяців тому +22

    This topic is such a rocky path. From what I gather, the summary is that fanfiction isn't illegal as long as it isn't being distributed to the public whether for profit or to compete with the source material. But at the same time it isn't illegal as long as the copyright holders don't come after you.
    Look at nintendo, they've set such a tyranical image of copyright holders that it's no wonder people are getting worried. Of course nintedo isn't going against fanworks or fanfictions, but no video on youtube is safe putting at least a fragment of their music even if the video isn't monetized. That particular video isn't distributing their music for profit nor for competition, but they still get copyright striked. I understand I'm putting an example specifically for music, and this is a video about fanfics, but still, it sets off a quite dictatorial image on fanworks and creativity.
    Edit: SMG4 and Glitch got so scared of their work being copyright striked by nintendo (despite clearly falling in the parody category) that they changed the designs and models of characters that were taken straight from nintendo games, but that decision angered the fans because:
    A) The new designs are terrible (except Bob)
    B) The fact that they were using official models was what enhanced the parody axpect of the youtube shorts

  • @dvckduckgoose
    @dvckduckgoose 7 місяців тому +6

    “We don’t wanna get sued by Suzanne Collins so we’ll call it Divergent” DEAD 😂💀

  • @serenac.7192
    @serenac.7192 7 місяців тому +14

    I did NOT know this was cataclysmic till the end of this video and I was NOT prepared for it. I LOVE her fics!!!!

    • @Anxious_Ash
      @Anxious_Ash 7 місяців тому +3

      Same, I don't use twitter like at all and I just figured the user 'CataclysmicEvie' being so similar to the Ao3 user was a coincidence until the end 😅

  • @DeusEx221
    @DeusEx221 7 місяців тому +43

    As someone who hopes to study law, this is quite interesting

  • @CitizenOfPoland
    @CitizenOfPoland 7 місяців тому +19

    4:36 hearing this segment reminded me of a Polish cartoon called “Porwanie Baltazara Gąbki”, which was literally a fanfic about Smok Wawelski, a dragon from a Polish legend, trying to find a missing Dr. Baltazar Gąbka with his italian friend.

    • @Chorsanoidka
      @Chorsanoidka 7 місяців тому +3

      fellow transpole, I see :D

  • @hiima2860
    @hiima2860 7 місяців тому +109

    Sooooo In conclusion
    Fanfiction can be illegal
    In some cases

  • @Perfectothemediocre
    @Perfectothemediocre 7 місяців тому +8

    If your guest is down for a return episode I'd be interested in a deep dive / case study on "The Wind Done Gone". It was a "Gone With the Wind" parody that retold the story from the perspective of a black character, and it was straight up published. It had an injunction filed against it and that injunction was vacated even though it "appropriated the characters, plot and major scenes from GWTW". After the injunction was struck the author did settle with the estate to prevent any further legal action. The case seems pretty illustrative of how courts consider fair use. I broadly understand what happened but some of it's lost on me, particularly what the options the estate had for "further legal action".

  • @raindrop650
    @raindrop650 7 місяців тому +7

    This will just crush creativity even more if this becomes illegal.

    • @Jellymerit
      @Jellymerit 7 місяців тому +1

      I wouldn’t care. I’ll write even MORE fanfics, actually >:3

  • @loner844
    @loner844 7 місяців тому +6

    My initial reaction to the title was, "no? As long as you don't profit, unless it's in the public domain." But it's nice to get more nuance on it from the vid.

  • @glory2cybertron
    @glory2cybertron 7 місяців тому +25

    At least Hasbro has learned to bait Transformers fic writers since IDW instead of condemning us 😂

  • @LunaWitcherArt
    @LunaWitcherArt 7 місяців тому +10

    Unfortunately Arthur Conan Doyle not caring about fanfic was just because he hated Sherlock (the character) and simply had to keep writing him because people would keep buying that over anything else he'd done, so not a good example

  • @thatguywholikeshares
    @thatguywholikeshares 7 місяців тому +14

    17:20 reminds me of the time where someone wrote fanfiction of čtyřlístek (a czech comic series for kids) and sent it to the editorial office via e-mail while profusely apologizing for unauthorized usage of the comics characters. but the editorial office liked it so much that they got the illustrator/creator of 4L to illustrate the book and in 2015 it was 'officially' released as an e-book. you can't download the full original version, nor buy the electronic edition anymore - but you can read a bit of it online or hear the creator of the fanfiction read the first 8 chapters of the book. just found that interesting ^^

  • @VantheKeyofLain
    @VantheKeyofLain 7 місяців тому +22

    The IP im currently hyperfixated on legit had their offical Insta going 'send us your freaky fanart! We love it!' XD
    So I think im safe for now. Lol.

  • @chaosadmisttheclouds
    @chaosadmisttheclouds 7 місяців тому +9

    kept gettind distracted by the cutest little dog behind coley but this discussion was rlly cool to see tbh

  • @orionsbelt25
    @orionsbelt25 7 місяців тому +8

    I learned a lot about copyright law in one of my college courses recently which was very interesting and kinda turned me against it lol. It did introduce me properly to what creative commons is and now every time I hear that famous outro in The Magnus Archives I am so happy it's a creative commons work. Fanworks in that case basically can't be illegal in any sense (simplifying but that's the overall point of it I think)

  • @Daelyah
    @Daelyah 7 місяців тому +4

    If I'm writing and sharing my fan fiction on not-for-profit sites, then it makes NO lick of sense to label it illegal.

  • @twelthdoctor1273
    @twelthdoctor1273 7 місяців тому +21

    Cool to be right on time for a video

  • @heehaaww
    @heehaaww 7 місяців тому +4

    Evie is so wellspoken i loved this video smm!! Great interview questions from coley too!!

  • @kay-jay1581
    @kay-jay1581 7 місяців тому +1

    11:16 Viria! I have been a big fan of her art since the Percy Jackson and heroes of Olympus were still being publishes. It’s amazing how Rick Riordan was so open minded to work with her as an official artist

  • @lauraroberts3520
    @lauraroberts3520 7 місяців тому +7

    I’ve been writing fanfiction for over 18 years, never made any money off it and not a peep all that time. One I continued doing for 16 years straight and only finished it last year. 😆
    So it’s very late in the game now, if anyone wanted to come after me lol 😂
    So I think everyone can relax, no money, no worries, this coming from an old veteran😁

  • @vexxus3425
    @vexxus3425 7 місяців тому +12

    I do have one question, with more and more jobs and colleges doing internet-based background checks, how will our fanfic footprint affect the jobs and universities that we are trying to enter in the future?

  • @tyncmorgan6209
    @tyncmorgan6209 2 місяці тому

    Coley! Thank you sooo much for your channel. I was coming to the end of my shift, driving for some 7.5 hrs and still 54 miles to go. I felt myself going down and no music, or audiobook, or even background Archer was working to keep me awake. But you Coley! Your videos just aren’t something I can sleep to. Keeps me invested and makes me laugh and I just really appreciate your Fandom PSAs and conversations. This particular collab was especially interesting because I’ve wondered about these questions for years.
    You’re awesome!

  • @mesousagaby740
    @mesousagaby740 7 місяців тому +8

    I honestly don't think it should be illegal, but you might need to be careful in writing it, but that you also need fun writing it. My Cyberpunk Edgerunners, Cyberpunk Prolegomenon is an example of just wanting a better result of Rebecca compared to "canon", while my Star Vs./OK K.O. fic is just done for the sake of fun as a what if season 5 of the main show while also shifting the protagonist to a different character, it being called Hekapoo Vs. The Legion Of Affliction.

  • @Ari_Ultima
    @Ari_Ultima 7 місяців тому +4

    What I've gathered from this is that fanfic is one big Schrodinger's Legality. Similar to the cat's living status, fanfic is simultaneously legal and illegal until observed in a court of law.

  • @Kadel___
    @Kadel___ 7 місяців тому +3

    I really enjoy these kinds of informative videos about fandom. Thanks Coley and Evie!

  • @Kai-pm3nq
    @Kai-pm3nq 7 місяців тому +4

    gonna put this on in the background while i read fan fiction

  • @SS-xr7jf
    @SS-xr7jf 7 місяців тому +10

    The omegaverse part is not 100% accurate. I think only one of the works was Batman fanfic with the serial numbers filed off. That was the one who claimed to have publish het omegaverse first and invented it (she didn’t on both counts lol) and accused the other author of copyright infringement. And by accused, I mean she pretended it was her publisher and that she had no idea and lied in court about it. I don’t remember the other authors work being fanfic. Lindsay Ellis has not one but two very good videos about it because after the first video the author who was abusing the copyright system in the case… then went and tried abusing the copyright system against Lindsay Ellis. 😂

  • @luneviolette9415
    @luneviolette9415 7 місяців тому +3

    when talking about the Law™ you should always mention the country cause it changes vastly from country to country, french copyright laws aren’t the same as americans which aren’t the same as maroccans laws etc etc

  • @tridango
    @tridango 5 місяців тому

    oh my god i had to check out this video once i heard that coley interviewed evie, no paths are bound author evie!!! love this video already, this is the best crossover that i could have witnessed

  • @octotentakel
    @octotentakel 7 місяців тому +24

    I haven’t watched the video yet, but I’d say making fanfiction of a franchise illegal would be about the same as making talking or thinking about it illegal

  • @JabamiLain
    @JabamiLain 7 місяців тому +5

    I hope some of my fanfics will be seen as classic works someday.

  • @hopeonthestreet3660
    @hopeonthestreet3660 7 місяців тому +4

    this was interesting :O i never thought abt fanfic in a legal space

  • @willowbird
    @willowbird 7 місяців тому +1

    The fact that I was actually working on my fanfic right now!
    Glad the thing I’m writing this fanfic for is chill with fanfic!

  • @notproductiveproductions3504
    @notproductiveproductions3504 7 місяців тому +20

    Do a video on story tropes you see in canon but not in fanfics

    • @Ceruleansquid-lo3iv
      @Ceruleansquid-lo3iv 7 місяців тому +6

      Useless love triangles that are there for nothing but drama, and splitting up couples who are happily in love to put them in a love triangle in the sequel? and then they end up together again, but you never see them happy together because that would be too hard to write?

    • @notproductiveproductions3504
      @notproductiveproductions3504 7 місяців тому +1

      @@Ceruleansquid-lo3iv I’m talking about REAL tropes. Like the unstoppable postman, comedic sutra, fumbling the gauntlet, etc

    • @Ceruleansquid-lo3iv
      @Ceruleansquid-lo3iv 7 місяців тому +1

      ​@@notproductiveproductions3504yeah, I know, I probably shouldn't have written that while I was hate reading the sequel to one of my favorite books.
      Edit: I think some of those might be there, but only in specific fandoms. Like, the postman one. I've seen something like that in good omens fanfic, but it's one specific guy, and he's in the original work (Leslie)

    • @graceconnelly4629
      @graceconnelly4629 7 місяців тому +3

      @@notproductiveproductions3504 the situations Cerulean mentioned *are* real tropes, they just don't have catchy little names. And they are uncommon in fanworks because authors are far more often focused on _fixing_ those problems in the cannon. In contrast, I've seen all the tropes you mentioned used with fair regularity in fanworks (besides the unstoppable postman, I must admit, but to be fair it's also pretty rare in modern original works). Fumbling the gauntlet in particular is like a constant, especially in high fantasy or sci-fi AUs

    • @notproductiveproductions3504
      @notproductiveproductions3504 7 місяців тому

      @@graceconnelly4629 you sure you wanna count THAT as an example of “fumbling the gauntlet”? 😬😬😬😬😬

  • @michaelmoroney423
    @michaelmoroney423 7 місяців тому +4

    Thumbnail is giving LegalEagle! Nice!

  • @puppetkid4041
    @puppetkid4041 7 місяців тому +4

    can’t believe you posted this in the peak of my ace attorney obsession 😅

  • @bbshrimp
    @bbshrimp 7 місяців тому

    It's so interesting to learn about the overlap of fandom content & legal issues. Thanks so much to you and Evie for such a lovely and thorough conversation!

  • @SebastianSeanCrow
    @SebastianSeanCrow 7 місяців тому +1

    4:55 Dante’s inferno is not JUST fanfic but also a very metaphorical/poetic diss track lol

  • @86fifty
    @86fifty 7 місяців тому +2

    I love this channel and the content and research and presentation you do, Coley! But the irony! Of the crunchy audio during the interview! While being sponsored by Raycon... Really got me XD

  • @Sydberry
    @Sydberry 7 місяців тому +5

    OOOO what an interesting and informative video... and a whole hour!! Great for sitting down with a blanket and a snack

  • @Caterfree10
    @Caterfree10 7 місяців тому +1

    I will never understand why people aren’t allowed to make short runs of physical fanfic while artist alleys across the world are filled to the gills with fanart prints. Like, as long as it’s labeled as fanfic, why should the copyright holders care?

  • @silvereyed
    @silvereyed 7 місяців тому +4

    the thing about AI written content, is that people can still tell its written by AI. so even if your fanfic or any other piece of written content you put out there has been stolen, people are going to know that it was the AI that wrote it and not the person despite the person claiming they did. AI is really only problematic when people use AI for art and claim they created it entirely on their own

  • @A_fellow_observer
    @A_fellow_observer 7 місяців тому +1

    I follow Evie’s MXTX retellings on a near obsessive level!!! I never expected to see them on a Coley video!!!

  • @Rainbow97545
    @Rainbow97545 3 місяці тому

    I've been writing some Aphmau fanfics about a ship that isn't really popular, but people who read them really enjoy my works so it really gives me confidence.

  • @mememaster6748
    @mememaster6748 4 місяці тому

    “No copyright law in the universe is going to stop me” -sonic
    But Honestly it’s very difficult to make some people make it sound easy but it’s really hard

  • @sabrina.lnd95
    @sabrina.lnd95 7 місяців тому +1

    I would love to have you guys have this same discussion but with rpf. Cause there's no actual copyright infringement per se and I'd be intrigued to know what the legal side of it looks like.

  • @iifangirlii4921
    @iifangirlii4921 7 місяців тому +1

    This video kind of reminded me of in the total drama fandom there was a fan series called 'Total Drama Reunion' where the teens in the original series are now all adults and forced to participate in another season of the show. It would later get a ceist and desist from Fresh TV (The people who made Total Drama) and be taken down from the internet (even though you can find some snippets of it on UA-cam and google). I don't know much about the situation but it personally doesn't make much sense to me as Total Drama Reunion seemed transformative enough to be its own fanfic/series as the host Chris was viewed as a bigger threat, the way the teens see the world is now different as they've grown up, and the fan series just seemed to have a more darker vibe, so it's a shame in a way that it got taken down.

  • @Harpsigirl
    @Harpsigirl 7 місяців тому

    Great example of fanfiction writer who became an 'official author' is James Roberts - he was dedicated Transformers fan in UK fandom, he wrote bunch of great fanfictions which appeared to be great enough he was invited to write scripts for Transformers comics. One of his best known Transformers official works is comic More Than Meets The Eye.

  • @ccuri0sityy
    @ccuri0sityy 7 місяців тому +1

    i clicked on this video cause i was curious to know more
    was not expecting coley to be on a call with one of my favourite ao3 authors

  • @gunroswell2706
    @gunroswell2706 7 місяців тому +2

    Thank you for this! This was very informative, especially for someone like myself, a fanfic creator. 🖖

  • @alexat.4527
    @alexat.4527 7 місяців тому

    Yo Coley, wtf? How dare you drop such a well produced video with a very well constructed script and discussion on a very nuanced and interesting topic, on a Monday afternoon like this??? Bruh, you even invited a guest to have a more expert and sensible approach?? I was napping like 30 minutes ago and now I have to feel proud and inspired about how much you as a creator (and also your channel as a community) have grown and evolved??? Like??? Congrats and Thank u???

  • @VegaNorth
    @VegaNorth 7 місяців тому +1

    24:34 I KNEW this was gonna come up.

  • @Regulus-hz9bz
    @Regulus-hz9bz 7 місяців тому +1

    I love Crimson Rivers and All the Young dude's but they're both so sad

  • @flitxthedestroyer237
    @flitxthedestroyer237 7 місяців тому +1

    When you said Evie was going to be answering questions, I had a minor freak out. As in 'oh my god, the same Evie who wrote No Paths Are Bound, Evie!?!' and then it was, and I cannot express my excitement.

  • @bumbabees
    @bumbabees 7 місяців тому +22

    this is why i always really respect creators who dont mind fan works and even advocate for it, like toby fox with his games. i totally get being weirded out by it because people write some weird shit, and it feels kinda icky to see people do that to your work without consent. but at the same time, people make some really beautiful stuff that has a massive impact on the community and its always really nice when the original creators choose to stick up for that. 'cause at the end of the day, most fan made stuff really isnt that awful. its just passion for a story and its characters.

  • @Ghs6
    @Ghs6 7 місяців тому +9

    4:53 HELPPP

  • @haveacalmheart3010
    @haveacalmheart3010 7 місяців тому +1

    Shout-out to SEGA and Sonic Team for being chill about any and all types of fan projects
    Also shout-out to the Ace Attorney x My Little Pony crossover Elements of Justice which has been getting more and more polished since it's inception (and that it's a continuation of a previous AA and MLP fan series makes me wonder how crossover fics would stand in a court of law)

  • @violetkerridge4154
    @violetkerridge4154 7 місяців тому

    11:06 thanks Uncle Rick for always being cool

  • @blandexistence
    @blandexistence 7 місяців тому

    i love this so much, thank you coley and evie!!

  • @Mecharnie_Dobbs
    @Mecharnie_Dobbs 7 місяців тому

    32:02 I was reading a Wattpad fic, that later went behind the paywall. All original characters but it had a copy of the dance-auction from Fifty Shades, and a transcription of a fight-scene from 'Mr & Mrs Smith'
    People in the comments spotted these and the author confirmed that's where those scenes were from.
    But I suppose it's still transformative.

  • @DivaChicluvsCena
    @DivaChicluvsCena 7 місяців тому

    There is already so much FF that has been published. Most of it being Twilight FF. A good majority of those books are being turned into movies by passion flix. Gabriels Redemption, Suduction and Snacks, Wallbanger, just to name a few. Quite fascinating honestly.

  • @SunNStars
    @SunNStars 7 місяців тому +3

    Re: the Tolkien case - this dude got countersued to by the Tolkien estate iirc and he lost. I know there’s videos about this here on YT

    • @SlapstickGenius23
      @SlapstickGenius23 6 місяців тому

      Do you mean Tolkien enterprises? JRR Tolkien sold out his Lord of the Rings and Hobbit books to that company.

  • @bethanybrookes8479
    @bethanybrookes8479 3 місяці тому

    At about 37:00 where th talk about OCs is and I had a thought. Wesley Weston. Wes is not a canon character in danny phantom, we made him up. He's basically our, the phandom's, OC. But like. He's not any individuals creation, in fact, he came from a selection of tumblr posts and ideas pulled together by multiple users to come up with "ginger basketball player who looks like danny with a different colour palet and is the only one who sees that Fenton is Phantom and no one believes him and he is determined to prove it regardless of the consequences. And his name is Wes."
    So does that legally make Wes Weston a trope?

  • @YourRyeBread
    @YourRyeBread 4 місяці тому

    NOT THE CODE LYOKO REFERENCE JHGUGGYGHG

  • @TheAlana.
    @TheAlana. 7 місяців тому

    Evieee, i love her fics so much, so happy she was part of the vid

  • @ghostisaperson7900
    @ghostisaperson7900 7 місяців тому +1

    i was just playing this in the background as find a fic to read i didn’t realize this was nearly an hour long i’ve been look for 50 minutes-

  • @sorarain8220
    @sorarain8220 7 місяців тому +1

    Holy sh*t i did not expect crimson rivers or all the young dudes in this video i love this channel so much 😂😂😂😂😂