Fan Fiction: Is It Legal, Or Merely Tolerated?

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Title:	Fan Fiction: Is It Legal, Or Merely Tolerated?
Creator:	Jim Van Hise
Date(s):	1978
Medium:	print
Fandom:	Star Trek: TOS
Topic:	fan fiction, copyright
External Links:
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"Fan Fiction: Is It Legal, Or Merely Tolerated?" by Jim Van Hise is an essay in Enterprise Incidents #6.

The topics discussed: the legality of fan fiction and reasons why Paramount "allows" it.

Some Points

• When Paramount was suing Thunderbird Films for selling copies of Star Trek episodes on 16 and 8 mm film of fans, it was revealed that the first two years of Star Trek were not properly copyrighted, something that muddied the legal situation for fanzines.
• One reason Paramount turns a blind eye to fanzines is "peaceful co-existence" and small print runs-- the article prints a letter by Paula Smith, previously published in Menagerie #3, one which she states that "fanfic is 99% legal"
• "There is yet another reason why fan fiction is probably allowed to peaceably exist. It helps keep STAR TREK alive.... Thus they tolerate us because they want to, not because they have to."

Fan Comments

I know I will be criticized for saying that those with talent should create their own universe. But as an example take "A Brief Moment of Light" by Tracey Alexander. If you substitute Starsky and Hutch, or Shaun Cassidy or any of today's personalities, the story would lose its impact for a Star Trek fan. In judging on its merits, it is obvious that Ms. Alexander has talent; but since she can't make any money writing Star Trek stories, wouldn't it make sense to put that talent to work for her? In fact, you can take any other story written about Kirk/Spock/McCoy and find that the same substitution of current heroes, including the roots from Star Wars; and you have writers that may, in the future, be accomplishing something for themselves limiting themselves to Star Trek, or Star Wars, or whatever happens to be the current rage.

Actually I think these writers find writing Star Trek fiction, or whatever kind of derivative fiction, good practice in putting one word after the other. Not every piece of fiction I write is going to be something I'll put in the mail to the professional editor. A writer should be able to write things just for themselves, or just for fun, or just for practice, and in fan fiction writers can write and publish things wherein they can deal with subjects that the professional markets have no interest in. Plus, they can get feedback on their style and ability. I really got into writing "A Brief Encounter in a Timeless War." I wrote the first draft in two days and three months later I sat down and wrote the second draft over a period of 12 hours in what writers call a "white heat" of total involvement and high energy. I enjoyed it. I got into these characters, and even without the backdrop of the ST universe, this tale would still be interesting, as would "The Weight."

Your own article: "Fan Fiction, Is It Legal, Or Merely Tolerated?" This was extremely interesting because it points out that the fan writer does not have a chance to get published legally, and isn't that what writing is all about? Because I have been involved totally these last years (2) with our own science fiction con and writing on Star Trek in our own publication SPELLBOUND, I have now withdrawn from the group to devote myself to writing I know I can do, given a chance. Because I am 68 years old, I do not have time to waste. In the next two years I hope to accomplish my small goals; to write articles on a diversity of subjects and have them published. "Alternative Thoughts" by Gerry Downes. An intelligent and well-written article to justify the writing of the "let's-not-talk-it-out-loud-theme".

But again, anyone who can write as well as Gerry Downes should be able to create her own heroes and situations to great advantage. I suggest that the same substitution be applied for the characters of these erotic stories. To use established characters is still imitation, no matter how well done.

To write Star Trek stories for fun is fun. But to believe that expanding and elaborating on these characters is the one reason for writing is self-defeating. It may also be one of the reasons that for anyone who does not know and love Star Trek and all its characters, and who happens to read one of these stories, may conceive Star Trek as something entirely different. I also am of the opinion that Mr. Nimoy, Mr. Shatner and Deforest Kelley may feel that their privacy is being invaded, and we don't do that to friends.