While I sympathize with authors such as MZB, an author whose work I am a fan of, I still don't think they have a legal leg to stand on. And that is, for me, the main interest in this discussion. I read and know of plenty of authors that have asked fans not to write fanfic based on their works. It doesn't stop fans from doing so, just prevents them from tagging them as being based on said author's works on major fanfic sites, such as FFN. I also know of plenty of authors who don't speak about its presence. Still others say that they consider it an honor that their fans would want to write fic based on their works.
The issue of fanfic or fanworks in general has never been adjudicated before the court in the US, and as far as I know, anywhere else in the world. And until this is done, the only recourse authors have is to ask their fans not to write fanfic based on their works, while knowing that not all fans will abide by their wishes OR for an author or publishing house to actually bring an action to the courts on this issue. Until then, it is merely threat of legal action.
As to your example, I'm surprised that the fan who was blackmailing MZB was able to do so successfully. The fan should have lost since said fan would have had to prove that MZB read said fanfic and that the fanfic was the direct inspiration for it. Unless MZB commented on the fic or mentioned reading it, I don't see how it is possible for the fan to win - and even if MZB did say she had read the fic, it would still be difficult for the fan to win since it is based on MZB's original works.
Most authors that I know or follow, directly state that they do not read manuscripts sent to them as they've been advised by their lawyers not to. I imagine that they will be adding fanfic to that disclaimer as well if it becomes a major issue.
Again, I'm not coming down on any one side in this argument. I think it is a complex issue, with many good points to be made on either side. However, from a legal standpoint, I do not believe an author has any legal recourse at this time simply because no one has ever brought it to a court for adjudication. Under current US legal doctrine, fanfic would most likely fall under Fair Use Doctrine and the author would need to prove several points in order to prevent fanfic - and those points aren't easy to prove.
no subject
The issue of fanfic or fanworks in general has never been adjudicated before the court in the US, and as far as I know, anywhere else in the world. And until this is done, the only recourse authors have is to ask their fans not to write fanfic based on their works, while knowing that not all fans will abide by their wishes OR for an author or publishing house to actually bring an action to the courts on this issue. Until then, it is merely threat of legal action.
As to your example, I'm surprised that the fan who was blackmailing MZB was able to do so successfully. The fan should have lost since said fan would have had to prove that MZB read said fanfic and that the fanfic was the direct inspiration for it. Unless MZB commented on the fic or mentioned reading it, I don't see how it is possible for the fan to win - and even if MZB did say she had read the fic, it would still be difficult for the fan to win since it is based on MZB's original works.
Most authors that I know or follow, directly state that they do not read manuscripts sent to them as they've been advised by their lawyers not to. I imagine that they will be adding fanfic to that disclaimer as well if it becomes a major issue.
Again, I'm not coming down on any one side in this argument. I think it is a complex issue, with many good points to be made on either side. However, from a legal standpoint, I do not believe an author has any legal recourse at this time simply because no one has ever brought it to a court for adjudication. Under current US legal doctrine, fanfic would most likely fall under Fair Use Doctrine and the author would need to prove several points in order to prevent fanfic - and those points aren't easy to prove.