Can You Self-Publish Fanfiction in 2023?

Estimated reading time: 5 minutes

Our world is rich with diverse fan communities. Books, movies, shows, and even video games have a unique way of bringing like-minded, passionate people together. That should be no surprise to you. But can you self-publish fanfiction?

What is fanfiction?

Fanfiction is a fan-written story based on an already existing (and usually popular) book, movie, or TV series. These stories tap into established fictional lore and offer a new twist on its plotline.

Disclaimer: This article does not offer legal advice.

Can you legally publish fanfiction?

First and foremost, you can only sell fanfiction if it tells an original story and does not include character names, places, and other details from the original work. As defined in 17 U.S.C. § 101, most fanfiction infringes on copyright because its narratives operate in the same universes created by the original author — without their authorization.

Fanfiction authors can never use names, settings, and other exact elements from a story if they plan to publish a book. Rather, they must stick to broad principles and themes and use them to craft an original story.

Let’s be clear, the most effective way to ensure your fanfiction does not infringe on copyright is by removing all references to the original work or gaining author permission. Obviously, this can be incredibly difficult and sometimes even impossible. But fair use laws — and online forums and sites — offer a path for fanfiction authors to express their creativity.

Fanfiction may be considered fair use if the work transforms the original work into something entirely new. Fair use, derivative work typically cannot be used commercially. However, some authors have been able to traverse this barrier.

From Twilight to Fifty Shades

The most notable example of fanfiction hitting the big-time is E.L. James, who wrote the best-selling adult novel Fifty Shades of Grey. The book (which eventually became a book series and films) began as online fanfiction of Stephanie Meyer’s vampire romance, Twilight.

Once the popularity of her work was apparent, E.L. James strategically removed copyrighted elements — like character names and the book’s setting — to produce Fifty Shades of Grey. Thus, despite its origin as fanfiction, her reworked manuscript allowed her to publish her book and reap tremendous financial gains through book sales and a movie deal.

Fanfiction also can be positioned as satire or parody to be eligible for fair use protections. Still, it’s important for the parody or satire to tell an entirely new story separate from its copyrighted aspects.

Here’s the big takeaway: if fanfiction is a clear recreation of the original work, you cannot make money on it. In the grand scheme of the fanfiction universe, this means most content cannot be used commercially.

But, if you use your creativity to create an original story (like Fifty Shades of Grey), it’s possible to sell the book. Authors who plan to sell their fanfiction must have unique character names, settings, and themes. Remember: seek author permission first and ask a lawyer about specific legal questions if there are any doubts.

Pros and cons of self-publishing fanfiction

Pros:

• Self-publishing success comes when an author and audience are passionate about the subject matter. This certainly is evident within fanfiction communities.
• You can take what inspires you and turn it into original fiction that is relevant and relatable.
• Fanfiction can transform an established universe into something entirely new and exciting.

Cons:

• Copyright infringement is always a legitimate risk.
• Possibilities of upsetting the target audience with changes to an already beloved storyline and character development.
• Most derivative work must be noncommercial to shield against liability.

Adhering to copyright rules

Authors need to understand that copyright cannot be applied to ideas, concepts, or other broad principles. For example, “Harry Potter,” “Lord Voldemort,” and “Hogwarts” are copyrighted characters/elements in J.K. Rowling’s book series. However, there is no copyright on a fictional universe of wizards, witches, and magical creatures.

Copyright laws protect original pieces of literature — published and unpublished — and offer the owner exclusive rights to benefit from their writing. Fanfiction must be substantially transformed to be used commercially.

If you’re writing a novel about witches and wizards, you can be inspired by the broad elements of series like Harry Potter, Lord of the Rings, and Game of Thrones. If you try to sell a book with Lord Voldemort as your villain, you will surely face a more frightening fate than a night in the Forbidden Forest.

Remember, copyright laws protect the original author — just as they will protect your new, magical masterpiece. Learn how to copyright a book with our expert team to support you on your self-publishing journey.

The power of the self-publishing community

If you’re thinking about self-publishing a book, call BookBaby at 1-877-961-6878. However, after reading this article, you may realize that your fanfiction book must remain noncommercial.

Maybe you transformed Harry Potter and wrote the ending you really wanted… Harry and Hermione falling in love. If this sounds like your story, you can take advantage of online forums and fan communities, but you’ll need to reimagine another story for publication.

Under the principles of fair use, noncommercial work has a place in a vibrant and creative space like the popular fanfiction website, Archive of Our Own (AO3). This is a fan-created, nonprofit organization that offers a central hosting place for fan works of all kinds.

You also can take advantage of sites like Wattpad and Tumblr. These sites allow you to share your fanfiction stories, build an audience, and connect with other like-minded readers.

Although you may not be able to sell Harry and Hermione’s love story, you can start building an audience. When you eventually write your original novel, plenty of readers will be excited to buy it and support you. With an established audience who believes in you and loves your work, you are well-positioned for self-publishing success.

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