Whose Characters Are They Anyway?

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Title:	Whose Characters Are They Anyway?
Creator:	Roberta Rogow
Date(s):	December 1992
Medium:	print
Fandom:	multifandom
Topic:
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Whose Characters Are They Anyway? is a 1992 essay by Roberta Rogow.

It was published in A Writers' Exchange #5.

The essay's focus is A Matter Of Willful Copyright Infringement.

The Essay

Media fanzines exist by borrowing characters from TV, films and even novels. We, the writers, extend the lives of these characters beyond the limits set by their original creators, often adjusting and adapting them to our own needs. We assume that we can do this with impunity, because we have not been forcibly stopped. This is not always the case!

I have just read an impassioned article by Chelsea Quinn Yarbro regarding her character, the Marquis de Saint-Germain, who was used in a story in "he Holmsean Federation," against the author's wishes. The writers of the story did apply to Ms. Yarbro for permission, as they should. Ms. Yarbro has been fiercely defensive about her characters, and refused permission. At that point, the authors of the story should have let well enough alone and shelved it. Instead, they went ahead and printed it, and got themselves into a lot of trouble.

There are several authors who will let their characters and/or universes be used by fan writers (Marion Zimmer Bradley and Ann McCaffrey come to mind). There are others who are of Ms. Yarbro's mind: their characters, universes, etc. are THEIRS, and no one else may touch them without paying royalty for the privilege.

Some fans have gotten the idea that because some film producers have decided that chasing down fanzine publishers is not worth the effort that individual writers feel the same way. Nothing is farther from the truth! Many writers regard their characters as their livelihood, and insist on payment for their use. Others will not let ANYONE use them, EVER!

SFWA may start cracking down on mediazines if Ms. Yarbro's suit goes through and starts setting precedents; American law, like English common law, is based on precedents, and who knows what will happen if some movie or TV producer decides to get tacky about copyrights? A lot of them currently regard mediazines as a minor annoyance, possibly even as a form of advertising. ("Hey, they're keeping the show on the air!") However, for every Gene Roddenberry, there is a Michael Mann, who nearly had a fit of lawsuits over Miami Vice zines, until someone told him not to. We tend to forget who created the characters we love so dearly. We think, because we have appropriated them, that we own them. Not so!

While Yarbro's reaction may be extreme, it is not unusual. Professional writers have every right to protect their creations (that's why it's called COPYRIGHT). Fan writers should respect their wishes, and believe them when they say "No!" There are many other characters to "borrow"...and you might even create some of your own.

Fan Comments

Roberta, you made me stop and really think about what I do. You made me scrutinize how I deal with the characters I 'borrow.' Many writers are flattered when you write and ask permission, but Roberta is right. If they say "No!" then that's the law. What if someone wanted to 'borrow' one of your characters, say the one you worked the hardest on and were the most passionately involved with? What would your reaction be? Having a shoe on the other foot sometimes hurts like hell.

As far as the media copyright vs. literary copyright debate goes, my own feelings are that literary characters shouldn't be used in fan fiction UNLESS the characters are in the public domain OR you know that the author(s) won't mind. Media copyrights are a different kettle of fish, primarily because media universes are essentially franchises with many people working with the same background/scenarios. As such, they fall into a gray area where personal judgment must determine how far you go. I think a lot of fan writers are aware of this already; I've seen very few zines that use literary universes though media universes abound.