If you are at all into writing fiction growing up, then you are bound to run into the whole "Fan Fiction" debacle. Fan fiction is stories, novellas, novels, whatever, that is written by fans about their favorite stories. Usually they come with little notes attached to them like the ones on fansubs or youtube videos of songs that say, "I'm just a really big fan! I'm not making any money. Please, please, don't sue me!"

Crazily enough, there are actually a lot of legal options (unlike there are for youtube music pirates) to get your material out legally.

The first option is making the work apply with fair use. While this principally applies to scholars and students (who need to write good bibliographies) and to news journalists (who also cite their sources) it also applies to parodies. What is a parody, you might ask?

This may be pushing the substantiality clause, but it does serve as an accurate example of what a parody looks like. The Very Potter Musical takes a well known work and creates a comedy out of known plot flaws and stylistic anomalies. This, as much as anything, appears to be a genuine critique of the novels being used.

Parody is not the same as satire, however, which is when a work of literature is used, against the author's permission, to slander or criticize something that it is completely unrelated to. Like the title of this infamous work.

It also doesn't include work that is additive or complimentary to the existing works, such as the harry potter compendium created by fan Vander Ark.

This is where fan fiction writers cry foul. Why is it that you are allowed to write fiction that tears writers down, but you are not allowed to write and published works that compliment and build up a writer?

Two reasons: first, if parody was not allowed, writers would be given the power to ban their own criticism, which is not really healthy for literary discussion or free speech. Second, fan writers are allowed to write AND publish fan material if they take the proper steps.

Have you ever watched Labyrinth? In the 1984 Jim Henson movie the Labyrinth, the main character finds herself on a bridge that she and her friends must cross. However, she is blocked by the fearsome (albeit tiny) foe Sir Didymus. Sir Didymus says that he has vowed that he will not let anyone pass without his permission. They try to fight him, but Sir Didymus proves to be too fearsome a foe and they are not allowed to pass. That is when they hit on it "without my permission".

You are allowed to use works if you get the permission of the author! In fact, whole businesses are made based on permissive use of copyrighted material. Why were the Harry Potter movies even made? They were made because the author gave them permission to use it in return for a certain sum. Likewise, a fan fiction writer can approach a series they know and love and work as a ghostwriter, co-writer or even a staff writer.

So, if you are out there writing fan fiction and you are fearfully printing these works online, wondering when the axe will fall and you will finally get sued, you probably won't. The truth is that if you are really creating fan fiction that comment and criticizes work in a constructive and creative way, it may not even be illegal.

*special note: for all of those reading this article, you should be aware that this is a yeoman's analysis of a complex legal issue, and should not be cited as in any way authoritative information. However, if all you want is to sleep easier at night. I hope this has helped you out.

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