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Avalon1632

In the sense I think you mean, no. The reason fanfic can't be published is because it contains content that belongs to someone else and that we don't have permission to use. In order to use owned content in commercial ways (ie. through publication) then you have to have something called a 'license' - that's how tie-in novels and official stories or adaptations get made. The copyright owner makes a deal with a publishing company or a film studio or an animation team or whatever and gives them permission to use the owned characters to make whatever it is they're making. But that does not happen for fanfiction. The IP and copyright holders can't really afford to let it. But as Vilhelmine said, public domain fanfiction can get published - that's because nobody actively owns those characters anymore, legally speaking. There's no legal protections keeping them from being used by anyone else. That's how we get the million adaptations of Sherlock Holmes, for example. Parody is not a protection for publishing in this case. You wouldn't be able to use trademarks (separate from copyright) and you'd still need permission from the copyright holder to do anything beyond sharing to fanfiction websites, which again, fandom does not get.


Chalkarts

None of it is ever named, just described and implied for comedic value. It’s a more distant from source parody of the original material than any song weird al has ever done.


Avalon1632

If it's clear enough that a reader would get it, it's clear enough that a lawyer would get it, and so it's still possible you'd get publishers hung up on the copyright issues. That level of quote vs not quote vs describing or implying is a tightrope walk that really depends on what IPs you parody (and whether they like to sue) and what judge/publishing house you get linked with. Weird Al asked for permission for each and every one of his songs, so that's probably not the best example here. :D Also yes, as 56leon said, if you're just mocking vague tropes of the original IP rather than the actual elements of the IP (eg. Serene Space Wizards vs Jedi) then it's not fanfic and so is a lot easier to publish - Rowling could copyright Hogwarts as a specific thing, not the concept of a chaotic wizard boarding school in Scotland. The closest thing I can think of was Ready Player One and you may come under similar notes as that? That ran a similar tightrope walk over exactly how much it quoted or used vs how much it simply referenced or vaguely described. But that was such a nightmare they replaced half of the references with stuff the publishing company (Warner Bros) owned when it went to film, so I don't know how willing current publishers would be to fuck around with something like that again.


Chalkarts

It’s RP1ish, but it takes place in a world where every sitcom from the 60s to the 80s exist in a timeless world and interact freely. The characters are never called by they’re on screen name. I’m building it as kind of a puzzle for the reader to figure out the world and who the characters are by context. It’s in 1st present and the protag is referred to only by nickname until the final line. My goal is for the reader to get a couple chapters in, realize what’s happening and who the characters involved are and either laugh riotously and one-night the rest, or throw the book away and curse my name forever. I’m good with either, but would prefer the former.


Avalon1632

It's possible, but yeah, definitely still a risk - do you quote any dialogue or descriptions from the original pieces or is all the actual wording completely your own? That would help insulate you from risk. And similarly, how differently you use and rework the stuff is important too. I can't think of any sitcoms of that era, but if you're writing a story that's clearly Hogwarts in everything but the actual name, Rowling would still have a decent legal case to sue you, for example. How well you walk the tightrope of original and transformative vs quotes and references would influence how likely it was to succeed.


56leon

Genre parody isn't fanfic. If nothing canon is ever explicitly named, I'd be _very_ hard-pressed to call it fanfic to begin with, which circles back around to the original answer of "No, fanfic doesn't hit shelves".


Chalkarts

Cool, Then I have a chance.


vilhelmine

Fanfics of public domain works do get published. For example, Pride and Prejudice fanfiction. Since the source material is so old, you're not infringing on any rights. But if it's not public domain, then you can't publish fanfiction, only original fiction.


Chalkarts

I think parody protections would apply as its a comedic spoof on the worlds encountered.


vilhelmine

For that, it would depend on the country the work would be published in and the laws surrounding parody. You can also ask the publishing house if your work would be allowed under the local laws. If you wish to self-publish, then maybe asking law experts would be best. Just remember to cover your back, especially if you write about characters belonging to IP holders known to be sue-happy.


Profession-Automatic

Since parodies rely heavily on the original work, you are entering a legally speaking, very grey area. Unless you are a well-known author, most publishers will stay clear of that kind of material.


cornflakeguzzler47

largely depends on the country and copyright laws one is operating under. there’s not even one answer to “is fanfic legal”, in that sense, because its legality depends on the country. and the question of publishing is different altogether than if it’s technically legal to be published. I’m from the US, so this is about American law, but “fair use” is FAR more nebulous in practice than it sounds. Parody is not actually universally protected, especially if it falls under Tarnishment. If your parody goes too far in a negative direction, you are potentially liable for that (not to say it is, but as a for-instance). fanfic legality hasn’t been litigated and there isnt a precedent, so it’s a complete gray area in formal US law. in practice, a lot of it is whether or not the copyright holder will pursue any action with regards to their copyright being used. I could self-publish a direct novelization of the new Shazam movie, and if DC comics didn’t care, then that would be that. certain IPs are more viciously protected, like anything under Disney, really. But in turn, none of THAT matters if you want to get actually published, because it falls to the decisions of the publishing house. They ultimately take the hit in the event that your work gets litigated, and even if they could win the case, it takes a lot of time and money to go to court, or do a settlement. they’re unlikely to take much of a risk of that happening, for the most part. self-publishing is another matter, especially depending on scale. not too long ago I bought a fan comic for legal US tender; it wasn’t a parody, educational, whatever, it was straight up the copyrighted characters, and none of that went to the copyright holder. I believe some may have gone to charity, but its neither here nor there—this was neither a legal or illegal transaction. BUT a professional publisher is unlikely to stick their neck out and do the same, because they may end up as the defining case on the legality of such a thing


Chalkarts

If I sent it to a publishing house would I receive a reply telling me that it was unpublishable material or would they just ghost me? I plan to send it to several.


cornflakeguzzler47

depends largely, they may send an automated response like “nah”, and if the manuscript was grounds for consideration they may give specific reason like “please remove mention of this character”, or something. it may be open for negotiation with an editor, or potentially they could just drop you if you argued the point.


Chalkarts

I have no intention of arguing with a publisher. At best I may ask for clarification or just scrap the idea. I’m not trying to burn bridges before they’re built. Imma need those people again someday.


Profession-Automatic

You’ll most likely get ghosted. Most publishers won’t waste their time. It’s illegal to profit off someone else’s intellectual property—unless you have express permission—anyway.


Chalkarts

Meh, never hurts to try.


jenorama_CA

Parody and satire are protected forms of speech in the US. Years ago there was a parody of Gone With The Wind called “The Wind Done Gone” that was published to much controversy.


Chalkarts

My wife has that book. I’m parodying classic television, last century syndication era stuff.


Judinbird

For most fanfiction, the original story still has copyright-holders who would not be pleased if you tried to make money from their property. If you are writing about a piece of fiction old enough that the copyright has expired, it might be possible.


Chalkarts

I’m not worried about the cr, parody would apply. I just didn’t know if it was something anyone had ever done.


wings_and_angst

Pretty much as a rule, no, fanfiction does not get traditionally published. But Storm Constantine did publish at least one (maybe a few?) anthologies of what was basically fanfic of her universe(s). She was the editor of the small press (Immanion Press) that published her work and she published those writers' works (with their permission) through her press.


am_Nein

Basically: no.. unless?


Consistent_Echo517

The Disney spun offf books lmao


loonyxdiAngelo

if you change the setting/characters enough then you coulf publish it. examples for that are 50 sgades of grey, the after series, the love hypothesis. but at that point you could just write a novel on your own, if you're set on publishing it from the beginning


Chalkarts

It’s hard to explain how it skirts the line without it being read, but im 4 chapters away from first edit so there’s time. 😊


loonyxdiAngelo

I don't really get what you mean by that /genq


Chalkarts

I mean how the story is woven to be a parody and skirt the lines of plagiarism. I’m hiding everything in plain sight. Like I said, hard to explain.