Copyright and Fair UseUsing existing works as a springboard for creative writing assignments(AKA – FanFic Spinoffs)

Definitions of Copyright and Fair Use• According to the US Copyright office, the owner of a

copyright has the right to reproduce their own work or to authorize others to do so (U.S. Copyright Office, 2012).

• Under Section 107 of the US Copyright law, Fair Use is determined by:1. “The purpose and character of the use, including whether such

use is of commercial nature or is for nonprofit educational purposes

2. The nature of the copyrighted work

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

4. The effect of the use upon the potential market for, or value of, the copyrighted work.”

(U.S. Copyright Office, 2012)

Fair Use• Many problems arise as a result of confusion between fair

use and copyright infringement or plagiarism.

• Proper citation of material does not always guarantee that one has avoided copyright infringement.

• The US Copyright Office references the 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law, stating the following examples of fair use (as related to classroom activities):– quotation of excerpts in a review or criticism for purposes of

illustration or comment;

– quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations;

– use in a parody of some of the content of the work parodied;

– reproduction by a teacher or student of a small part of a work to illustrate a lesson (U.S. Copyright Office, 2012).

Copyright Infringement and Plagiarism• Copyright infringement may include any of the following:

– A new work that borrows a significant amount of material from an original work by someone else

– An unauthorized reproduction and/or distribution of someone else’s original print, audio, or video material

– A public performance of someone else’s original work.

• It is important to note that all of these examples can still be copyright infringement, even when credit is given to the original author or creator, if permission is not received prior to the publication of the new material.

• Copyright infringement and plagiarism may occur at the same time. The common definition for plagiarism is using someone else’s work as your own (in other words, no citation of the original author).

(UCONN, 2007)

What is fan fiction?

Definition and Intent of Fan Fiction• Fan fiction, often commonly termed as fanfic or FanFic, is a

work using characters created by someone else, or commonly known public figures or celebrities, in an amateur’s original context and storyline.

• Today, these works are commonly posted on various fan fiction hosting forums online for others to read and for which they then provide feedback.

• In many cases, the authors of fanfics are aspiring writers who are attempting to gain experience in the realm of storytelling and plot development before they begin to add the extra layer of character development.

• The feedback provided by the readers of the story, ranging from a short scene to a novel-length work, allows the author to modify his or her process and to hopefully become a better author.

Examples of fan fiction• The oldest examples of fan fiction were parodies, which

are covered under the Fair Use Policy. – Behind the White Brick by Frances Hodgson Burnett (an Alice

in Wonderland parody)

• In the modern era, fan fiction became popular again, with a sci-fi twist, as amateur authors began writing fanfics of the popular Star Trek series in the 1960s.

• Today, there are many websites available for hosting fanfics of all genres, complete with rating systems and disclaimers (which may or may not be enough to protect them from copyright infringement suits).– FanFiction.net is the most popular of these sites, although

many people choose to host their fan fiction writings on their personal blog.

Implications for the Creative Writing and Literature Classroom

Common Core Standards Addressed (Grades 9-10)• Analyze how complex characters (e.g., those with multiple or

conflicting motivations) develop over the course of a text, interact with other characters, and advance the plot or develop the theme.

• Analyze a particular point of view or cultural experience reflected in a work of literature from outside the United States, drawing on a wide reading of world literature.

• Write narratives to develop real or imagined experiences or events using effective technique, well-chosen details, and well-structured event sequences.

• Produce clear and coherent writing in which the development, organization, and style are appropriate to task, purpose, and audience.

• Develop and strengthen writing as needed by planning, revising, editing, rewriting, or trying a new approach.

• Use technology, including the Internet, to produce and publish writing and to interact and collaborate with others.

(Council of Chief State School Officers and National Governors Association, 2010)

Typical Classroom Assignments• As an experienced language and literature teacher of a foreign

language, I can attest that a common way of pushing students to show mastery of the language as well as a deeper comprehension of the literature studied is to ask them to write a letter from one of the characters in the work being studied, to write an alternative ending to the work, or to rewrite a scene in the work from the point of view of an alternate character.

• Another assignment is to artistically create a scene from the work studied as seen from a different point of view than was originally presented in the work. This could be a painting, a comic strip or comic booklet, an animated short, or a short film.

• These works can then be published in the classroom, in the school, or even on the Internet.

• But when do they cross the line from being a classroom writing exercise to show mastery of content and become a case of copyright infringement?

It’s Your Turn!

Sample Assignments: Read the following sample assignments and determine their likelihood of copyright infringement.

1. After having read an excerpt from the French Romantic poem Tristan et Yseult in modern French, write an email to King Marc explaining why you (Yseult) are leaving him to go to Tristan before he dies. Be sure to include an appropriate greeting, an explanation for your shared history with Tristan, an explanation of the current situation, your hope for the future, an apology, and an appropriate farewell.

2. Students are instructed to find a video, a current event, and an image all related to the theme of multiculturalism. They must then write an essay to be published on the system’s online learning management system that incorporates references to all three sources. Before their essay, students must post links to their sources.

3. After reading Twelve Angry Men, students write a series of tweets as 3 different characters (protagonist, antagonist, other) at each of 3 different times in the play: 1. What would each character tweet as the play begins? How does he feel about what

is about to happen? What is his motivation?

2. What would each character tweet at the climax of the play? What is his role and how does he react to the situation?

3. What would each character tweet after the conclusion of the play? Does he still feel any conflict? (Sheninger, 2012)

Answers as defined by Mme Burgess1. For the email from Yseult to King Marc, this would fall under the category of Fair

Use as it is for educational purposes, it contains a significant amount of original material in comparison to the original work, and it does not have significant market value. As an added way to ensure safety from plagiarism, teachers could provide a writing topic such as this one on a end-of-unit written exam and not allow students to see the original work.

2. This activity could be tricky. If the video, the article, and the image are all copied directly into the online LMS, the student is in danger of copyright infringement. However, if the teacher provides clear instructions to copy a link to the original video, article, and image, the student will be able to avoid the situation. Many teachers, and thus students, believe that Educational Fair Use policies grant permission and blanket exclusions to the law. It would be best to avoid these situations by reading up ahead of time on sites such as Chilling Effects and Creative Thinking.

3. As long as the instructions are clear to students that the material must be original, that the tweets must stay true to the character, and that they must stay within the 140 character limit of Twitter, this activity should be a nice way to check for student comprehension of a studied work and student creativity, which still staying clear of copyright infringement. However, one drawback is that student writing skills may not be evidenced as much, due to the character limit.

ReferencesCouncil of Chief State School Officers and National Governors Association.

(2010). Common core state standards for english language arts & literacy in history/social studies, science, and technical subject. Retrieved from http://www.corestandards.org/assets/CCSSI_ELA Standards.pdf

Creative Thinking. (2009). Respecting copyright. Retrieved from http://creativethinking.nku.edu/lessons/lesson_two/respecting_copyright.php

Fan fiction. (2012, September 19). Retrieved from http://www.fanfiction.net/

Stanford Center for Internet & Society. (n.d.). Faq about fan fiction. Retrieved from http://www.chillingeffects.org/fanfic/faq.cgi

Sheninger, Eric. "Fostering Creative Thought Through Tweets." A Principal's Reflections. Blogspot, 23 Sep 2012. Web. Web. 4 Oct. 2012. http://esheninger.blogspot.com/2012/09/fostering-creative-thought-through.html

UCONN. (2007, October). University of connecticut libraries. Retrieved from http://www.lib.uconn.edu/copyright/plagiarismVsCopyright.html

U.S. Copyright Office. (2012, June). Fair use. Retrieved from http://www.copyright.gov/fls/fl102.html