Publishing Real Person Fiction

Pull-to-Publish is a trend these days. I have written a blog about this last April. Pull-to-Publish is simply publishing fanfiction as an original. The most famous example is E.L. James' Fifty Shades of Grey which started as a Twilight fanfiction. You can find other Pulled-to-Publish fanfiction books here. While some are okay with this trend, others see it as unethical - mainly because the characters are rightfully owned by another author. BUT there is an ethical way for fanfic writers to publish fanfiction. A fanfic writer was able to publish a novel that is only 1% similar to her Twilight fanfiction. Read more about her story and pull-to-publish :3


What about Pull-to-Publish Real Person Fiction? 

Let's take a look first at Real Person Fiction (RPF) and how it is viewed by the public by reading this article in Wikipedia. It also lists cases wherein fanfic authors who published their fanfics in the internet are sued.

1. "To date, unlike traditional fan fiction, only one cease and desist letter is known to have been issued against RPF: FanDomination.Net received this letter on March 17, 2003 from a representative of one of the members of the New York Yankees baseball team. The substance of the complaint against the site was related to a story entitled "If There's Gray Hair On The Field, Play With Balls." The complaint alleged that the story's depiction of a present-day homoual encounter between former Yankees players Virgil Trucks, Rugger Ardizoia, and Eddie Bockman, all of whom are currently in their nineties, was harmful to the Yankees brand and to the reputations of the players depicted."

2. "In 2008, a man was arrested in the UK for writing and publishing on the internet a story featuring various members of the band Girls Aloud under the Obscene Publications Act. The story described the kidnap, and murder of the girls. He was subsequently tried (the R v Walker trial) and found not guilty, and claimed that he had never intended to frighten or intimidate the band members."

You can read more about this case here

"A crucial aspect of the reasoning that led to the instigation of these proceedings was that the article in question, which was posted on the internet, was accessible to people who were particularly vulnerable - young people who were interested in a particular pop music group. It was this that distinguished this case from other material available on the internet. The CPS concluded, with the benefit of counsel's advice, there was a realistic prospect of conviction."

"His defence argued that the piece was not easily accessible and could only be found in a specific internet search." (Comment: Whew. Let us thank Boss Nichi for hiding "inappropriate" content and for providing us with privacy options.)

 

This is not meant to scare anyone who is writing celebrity fanfiction. Let's just be aware that there are some celebrities who do not want us to write fanfics about them. Remember that celebrities have a right to publicity. And that there are topics we should think not only twice, but a hundred times, before posting. Ask yourself the purpose of writing such story. Please read the updated version of AFFHelper's post on AFF's Community Guidelines (Rated M and Trigger Warning). They put up a criteria and if the answer is "yes" in all three, then don't post the story here. It is written there at the bottom, in a teeny tiny font, that some themes are not allowed in the site. 

Celebrities are aware of RPF - some kpop artists even read them. It's being tolerated at the moment and we're safe. HAHA! I only know of U-Kiss former leader, Alexander, who expressed his opinion about fanfiction. I can't find the actual article or interview but I remember it was linked in one of the blogs here. He said something along the lines of "why is it necessary to write stories about us when we are already living it." 


So if RPF is frowned upon already, what if we made money from it? What if we Pull-to-Publish RPF? 

RPF writers can always put a disclaimer. "The often included disclaimer in story headers, stating that the work is pure fiction, protects Real Person Fiction from slander and libel." (from Wikipedia)

Even with a disclaimer, Scarlett Johansson sued Grégoire Delacourt for using her image in his novel. But author claims that the work is not about her but of her double or a woman who looks like her. Read here

Then there's a Wattpad author who received six figures from Simon & Schuster for her One-Direction fanfiction. Read here.

True Beauty is another example of a Pulled-to-Publish RPF book here in AFF. The author claimed to have changed the names of the characters and she also provides the Sehun version which has Sehun's name on it for the fans. Huntress also self-published Mobster for Rent and Knot this Guy

Remember this? Or this? I really worried about the legality of publishing fanfiction back then because of the repurcussions it might have on the site. But as some of you have pointed out, it's alright as long as the stories do not "harm" the brand (artists) or the company's profits. 

Pull-to-Publish RPF is not really illegal. It's a question of whether it is ethical to do this or not. I know of published authors who based the physical appearances of their characters on real persons - especially models. Could we also argue that it's just a face claim? Like we used their physical appearances to create our characters? Before you go down this route, I suggest you read on how to do this properly to avoid... issues. 


To delete or not to delete. E.L. James deleted her Twilight fanfiction and so have others, even chapters of original Wattpad stories published by PSICOM were taken down, because really, what's the point of selling a book when an online version is available for free?

But fandoms have retaliated - especially those who have invested their time on the work, providing free reviews/feedback. If not for them, the fanfic wouldn't have reached such popularity and by taking down the fanfics, it's like a slap to their faces, they argued.

Still, if the fanfic is publicly available and the published version is very similar to that of the fanfic, wouldn't it be considered as self-plagiarism? Self-plagiarism is simply re-using of one's work and presenting it as something new. Uh-oh. What to do, then?

This is merely Keeper's suggestion for I don't really know how this could be resolved. Perhaps the author and the readers could reach a compromise. How about the author telling her readers that she plans of turning the fanfic into an original and selling it? Of course, authors can do whatever they want. But if they want a healthy relationship with their readers they have to be transparent so that the readers wouldn't feel they were being cheated upon. Respect begets respect. And if the time comes that the author would have to take down the fanfic, there would be no hurt feelings. 

I hope this explains to the readers why something that started as free has to be deleted. Don't hate. 


It's not just the content. Make sure you have license to use the images and fonts in your book cover. You are not allowed to paste lyrics without getting permission to do so. You have to pay the composer or artist or even the company who owns the rights to the song. You can mention song titles, though. There are lots to consider when taking content written by other people even if it's available in the internet. You can read my post about the use of content. 


Whew. This is a lot to take in. But it's better if we know a bit to avoid getting sued ^^"

 

 

Keeper

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Comments

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amusuk
#1
why didn't i read your blogposts earlier...
thankz for the info! really, it's helpful.
AyukiMizuko
#2
Whoa thanks for the information! Seriously, I never thought about that. :)
Crys_Marie2oo5
#3
Very interesting information Keeper! Thanks!
msvickie
#4
Thank you for sharing this information! I had plan to publish a work of mine - but only for private use. Just something for me to hold in my hands when all is said and done and copies to give to a few friends. It's almost scary to think about publishing your work now even if you do change the character's names. If there's any success, somebody's going to ask how your story was born and then what? I'm stressing out just thinking about it, lol.
peachysoo
#5
I feel like kpop RPF doesn't exactly have the stigma that other fanfic does, at least not in the same way that it would other fandoms, especially since most people could publish something from one of their fanfics and a good amount of people wouldn't know it, unless it got extremely popular and people knew about it. But of the people that have done some PtP, not all have a good track record with the fandom community, especially since the most popular two have plagiarized/used same ideas as other popular fic in their fandoms (50 Shades was actually a knockoff of a better written fic in that fandom, one of which was published and is getting its own movie deal and with how messy the Twilight fanfic fandom is, most people that wrote fanfic didn't even like the books, so technically, people were just using the Twilight cast as face claims rather than actual characters). So just having stuff like that known, especially with plagiarism issues, it makes the whole PtP thing seem much worse. And for EL James, she owes her fame to her fanfic fandom, because they were the ones that shot her to stardom so quickly. If she didn't have them, she would have never made it onto the New York's Best Seller list. And I actually haven't seen anyone on here delete their fanfics for PtP, but I have seen them offer special epilogues/forewords/prologue stuff that their fics don't have, so people still buy it. I don't really see this type of thing as a problem as it has been in other fandoms though, especially since we don't have the manpower/fandom wank that some fandoms have and until we can reach a point where people can write short fics and raise over 30,000$ within a couple of months, it probably won't ever be a problem. We can barely raise enough funds for an app as is.
kpopartory
#6
This is again an eye opening, especially to those who would wish to publish their (future) work someday. Thank you for continue blogging about issues like this. This should be read by all AFFers *smile*
staticdream
#7
This is only a major issue if you have a publisher. Most indie authors have Wattpad accounts with free online versions of their books and e-book versions for sale. Of course, this refers to original works and not pulled-to-publish works or fanfics (RPFs or otherwise). You'd be surprised at how people will buy the book they've already read online. As for RPFs, the advice I received from indie authors, at least here in the country, is as long as nothing is recognizable, or if a reference is meant to invoke the real person then as long as nothing is damaging, it's not going to be a problem.
chiisanae
#8
I didn't know this much actually. Especially to take down your own online version. Never even thought about it lol. While its so simple.