I’ve recently seen several posts with tens of thousands of notes circulating around Tumblr that are extremely critical of the idea of fanfic writers accepting donations to support their activities. Many of them, such as the one excerpted above, refer to the guidelines of AO3, which are meant to defend the right of the site to exist on the basis that the content it hosts is purely transformative and not intended for profit. The undertone of these posts, however, is a strong pushback against the idea that fanfic writers might aspire to the same levels of professional success and support as other creators in fandom.
I would like to argue that the idea that fan writers deserve to have a choice whether to receive compensation for their work is reasonable, especially since many highly visible fan artists, YouTubers, and Twitch streamers can receive hundreds, thousands, and even tens of thousands of dollars every month through donation sites like Patreon and Ko-fi.
Yes, intellectual property is protected by law and legal precedent, and it’s important to understand fandom history and to respect the ongoing battle AO3 has to fight. And yes, fan writers use copyright-protected names and scenarios. At the same time, fan artists use protected names, scenarios, and images, while YouTubers and streamers use protected sound and video – and sometimes the entirety of the protected work. If the “transformative work” and “added value” and “critical commentary” and “performance” arguments of fair use laws apply to visual artists, video creators, and streamers, why don’t they work for writers?
There are three things going on here.
The first is that AO3 is an independent NPO, not a giant media conglomerate. Even if YouTube is forced to take down certain videos that violate intellectual property laws, YouTube itself is not in danger of being taken offline. AO3 is in a much more precarious situation and therefore has to be extra cautious. This is an issue specific to AO3, however, and it’s not universally applicable to other hosting and sharing sites.
The second is that many media corporations in the United States consider digital images to be ephemeral, meaning that they have a short shelf life in the popular consciousness. Fan art and video streams shared on social media will help to promote a piece of media while it’s still trendy, but they also tend to be quickly consumed and discarded and thus aren’t perceived as being in danger of becoming long-term competition for the original media property. Because it used to be published in the form of physical books and magazines, fanfic was considered to be competition, but this perception has changed, partially due to the support fanfic has received from commercially successful writers like J.K. Rowling and George R.R. Martin.
The third is sexism. This is complicated; but, to make a long story short, fanfic has been treated differently because, unlike illustration and video editing, it is primarily associated with communities of women.
Media industries overwhelmingly dominated by men, such as comics and movies, have always provided ways for younger male fans to enter the industry as professionals. There is a long history of commercial studios actively scouting emerging talent from popular fan artists and amateur video producers, so media corporations have a vested interest in not completely shutting down spaces in which these creators can develop and exhibit their talents. For example, an aspiring comic artist can take his portfolio of X-Men character illustrations to a comics convention to show to an industry representative, and Marvel will hire him if they like his fan art. Because these industries have traditionally been male-dominated, however, the work of women was seen as derivative and embarrassing. A male artist who drew a fan comic would get a job, and a woman who wrote fanfic of the same media property would get a cease and desist letter.
Moreover, women have historically been expected to be the keepers of public morality. For instance, a male professor who writes mediocre novels about cheating on his wife with underage female students can easily be promoted to the head of a prestigious creative writing program, while a woman in any profession can be in danger of losing her job for writing any novel at all. Because of this, many female writers have had to hide their creative careers in a way that male artists and video producers have not. Even though these prejudices are fading, many fic writers are still very serious about protecting their real names and identities. At the same time, many fan artists and other creators use their fanwork to promote themselves while using their professional names – and, thanks to social media, we can now see that not all of these creators are male.
Because a new generation of female and nonbinary fan artists, animators, video producers, and streamers are now comfortable pursuing their creative careers while using their professional names and accepting donations while they establish themselves, it only makes sense that fan writers would want to do the same thing. After all, if people like Rebecca Sugar and Noelle Stevenson can go from posting popular fan art and fan comics on Tumblr to becoming mainstream showrunners, why couldn’t a female or nonbinary fanfic writer go on to become an actual scriptwriter for the next, say, Star Wars or Pokémon movie? If illustrators, comic artists, YouTubers, and Twitch streamers can receive donations to support their fanwork while they establish their careers, what arbitrary rule says that writers can’t do the same thing while still respecting AO3’s legal guidelines?
There is an entire generation of younger writers who have come into fandom with ambitions of professional success and no understanding of why they should feel pressured to separate their fandom identity from their professional identity or why they shouldn’t have the choice to receive the same support as creators working in other mediums. Instead of mocking younger writers for not knowing fandom history – and instead of shaming older writers for resisting outdated prejudices – I think it’s worth it to support them and hopefully change the culture.
Most people don’t want donations and only think of fandom as a fun escapist hobby, but writers should still be able to access the same choices as other creatives. I’ve already shared my thoughts about the issues I personally have with Patreon, but that doesn’t mean I don’t want other people to explore that option for themselves. After all, writers have to be supported for fanfic to survive.
I feel like I could write an entire book about this – and I have! I’m keeping my fingers crossed that the publisher can stick to the May 2020 release date, because I’d really like to talk more about fandom and cultural change, as well as what the achievements of artists might suggest about the future of fiction.