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Finding the Path Through the Ethics of Fanfiction: an Analysis of the Ethical Ramifications of Fan-Written Fiction Works Victoria Fidler

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Finding the Path Through the Ethics of Fanfiction: an Analysis of the Ethical Ramifications of Fan-Written Fiction Works Victoria Fidler )ORULGD6WDWH8QLYHUVLW\/LEUDULHV 2019 Finding the Path Through the Ethics of Fanfiction: An analysis of the ethical ramifications of fan-written fiction works Victoria Fidler Follow this and additional works at DigiNole: FSU's Digital Repository. For more information, please contact [email protected] THE FLORIDA STATE UNIVERSITY COLLEGE OF ARTS & SCIENCES FINDING THE PATH THROUGH THE ETHICS OF FANFICTION: AN ANALYSIS OF THE ETHICAL RAMIFICATIONS OF FAN-WRITTEN FICTION WORKS By VICTORIA FIDLER A Thesis submitted to the Department of English in partial fulfillment of the requirements for graduation with Honors in the Major Degree Awarded: Spring, 2019 Finding the Path Through the Ethics of Fanfiction | Fidler 2 The members of the Defense Committee approve the thesis of Victoria Fidler defended on April 17, 2019. ______________________________ Dr. Rhea Estelle Lathan Thesis Director ______________________________ Dr. Jennifer Proffitt Outside Committee Member ______________________________ Dr. Michael Neal Committee Member Finding the Path Through the Ethics of Fanfiction | Fidler 3 Abstract The purpose of my honors thesis is to analyze the ethics of fanfiction. This study could benefit the continued creative participation in the fandom community and limit content and perceived illegal or unethical perspectives. By studying fanfiction’s place between derivative and transformative use and comparing copyright and fair uses as it relates to fanfiction, I explore and document fanfiction’s legal concerns. I also examine celebrity and public figure rights to privacy to determine if Real Person Fiction, a subcategory of fanfiction, is a violation of their consent. In terms of the ethics of the mature content and themes within fanfiction, I attempt to dispel misconceptions and address the issue of access for minors. By identifying these ethical dilemmas regarding fanfiction, the archival sites, and writers will be able to retain their freedom of creativity without encroaching up the intellectual property rights of the copyright owners and others in the publishing field. Finding the Path Through the Ethics of Fanfiction | Fidler 4 Table of Contents ABSTRACT ................................................................................................................................................................. 3 INTRODUCTION ....................................................................................................................................................... 5 DEFINITIONS .............................................................................................................................................................. 6 FANFICTION AS A DERIVATIVE WORK........................................................................................................................ 9 DISPELLING MISCONCEPTIONS WITH STATISTICS ..................................................................................................... 10 HISTORY OF FANFICTION ......................................................................................................................................... 12 DEMOGRAPHICS ....................................................................................................................................................... 14 METHODOLOGY ....................................................................................................................................................... 15 LEGALITY ................................................................................................................................................................ 17 COPYRIGHT, FAIR USE, AND TRANSFORMATIVENESS .............................................................................................. 18 THE COMMERCIALIZATION OF FANFICTION ............................................................................................................. 26 ETHICS ...................................................................................................................................................................... 30 ETHICAL FRAMEWORK ............................................................................................................................................. 31 RATING AND TAGGING SYSTEMS ............................................................................................................................. 32 LIFTING STEREOTYPES: UNORIGINALITY, OBSCENITY, AND VIOLENCE ................................................................... 34 INTERNET SUPERVISION AND CENSORSHIP OF DIGITAL LIBRARIES .......................................................................... 38 REAL PERSON FICTION ............................................................................................................................................. 41 CONCLUSION .......................................................................................................................................................... 43 STATISTICS .............................................................................................................................................................. 44 WORKS CITED ........................................................................................................................................................ 45 Finding the Path Through the Ethics of Fanfiction | Fidler 5 Introduction Fanfiction – also known as “fanfic” when referring to the works themselves – is an online genre of fiction using previously published characters, settings, or entire universes, written by fans of such works most times without the original author’s permission. The ethical ramifications of fanfiction, in general, are coming under increased scrutiny because of fanfiction’s growing mainstream appearances through interview mentions and occasional publication. Many studios, production companies, producers, editors, authors, and even actors have taken a stance on the ethically gray genre that is fanfiction. Katherine Applegate, successful author of the Anamorphs series, thanked fanfic writers in her last book for being an audience that gave back as well as their loyalty (158). Tyler Posey, who plays Scott McCall in the television series Teen Wolf, called it “a bizarre, weird, twisted thing” (Posey, Tyler). Jennifer Bergstrom, senior vice president and publisher of Gallery Books, a division of Simon & Schuster, told The Washington Post that fanfiction has become a part of what they publish and that her field is “changing at a time when traditional publishing needs it most” (Contrera). An ethical analysis of fanfiction reveals two main areas of contention: the legality of its existence and use, and the ethics of the content. This analysis includes the evaluation of court cases, the fanfiction community via social media observation, and research using scholarly and journalistic sources. In identifying the problems those outside of fandoms have with fanfiction, the community can be better prepared to protect the newest medium of interactive literature. First, I will define terms that are important to the discussion of fanfiction in terms of legality and ethics. Then, I will describe how the genre of fanfiction is currently defined according to U.S. law followed by an examination of fanfiction statistics to dispel misconceptions many hold with regard to fanfiction. Next, I will outline the general history and Finding the Path Through the Ethics of Fanfiction | Fidler 6 evolution of fanfiction to provide background for later discussion to demonstrate that it is not fanfiction itself that causes many legal and ethical issues, but its new form as a widely available digital format. Finally, I will identify the main demographic that participates in fanfiction communities and confirm that the genre is only going to grow with the newer generations. This means that fanfiction is not going to fade out but instead be integrated into various fields as its readers and writers move into the professional world. Definitions Fanfiction is a subtype of fanwork, a creative work produced by fans and intended for fan consumption. Fanworks can include works that are written, like fanfiction, visual, video, audio, print, or archived as websites (“Fanwork”). A community of fans who create fanworks can be described as a fandom, though the word is usually used in conjunction with a specific author, book, movie, TV series, etc. (“Fandom”). For example, according to Tumblr’s Content team on the blog Fandometrics, a few of the more popular fandoms at the moment are the Miraculous: Tales of Ladybug and Cat Noir fandom (thefandometrics “TV Shows”), the Boku no Hero Academia fandom (thefandometrics “Anime & Manga”), and the Marvel fandom (thefandometrics “Movies”). These are fandoms that have had the most mentions on Tumblr. Within the fandom community, there has emerged an assortment of jargon. The particular terms important to an analysis of fanfiction ethics are canon, fanon, headcanon, beta, trigger warnings, PWP, hurt/comfort, shipping, slash, and Real Person Fiction. These are not academically defined terms but rather a set of learned slang one can only discover by being a part of the community. They can be found on websites that are not peer-reviewed such as Urban Dictionary and Fanlore, the latter of which I will be citing because of the lack of academic sources. I will be using these terms in my examination of the ethics of fanfiction. Finding the Path Through the Ethics of Fanfiction | Fidler 7
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