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[MATURE CONTENT] I've hit a brick wall trying to redo an erotica story into something more literary.

A. E. Lowan

Forum Mom
Leadership
did you read it? :)
No. I want to. I really, really want to, but let me tell you why. You in particular have a gift for predicting where the plot is going or where it should go, and that leaves my team in a little legal quandary. Say, I read your excellent work and that's the cliff I follow over, then it can very much (and should) we read as someone else's work. But I also can't punish the other readers who've also done the work and predicted the outcome, because it would be terribly unfair. Team Lowan's been talking about this at length for months, and the only conclusion is that we want to, the dramatic tension is killing us, but we can't in good conscious read the fanfic aspects of your work. Does that make sense? I can't tell you how much we love that the Books of Binging have inspired you so much - it really makes our careers - but as my as I'm dying to read your interpretation of the rabbits, I just can't.

We adore and respect you and can't wait to slog through Book 4 so we can read your original work, but until then we need to pass. I am so very sorry, and Team Lowan sends you all the best of luck and many words.
 

A. E. Lowan

Forum Mom
Leadership
Perhaps an even closer literary example to what you're aiming for would be Outlander. Which has sex scenes, and they're well written, but they're not explicit physically. They're explicit emotionally. And they're just a small part of the story. Those scenes give more dimension and depth to the relationship between the characters, which is necessary, but they're not the main carrier of the plot.
Bridgerton, too, is a great example of intimacy within a growing relationship.
 

ThinkerX

Myth Weaver
No. I want to. I really, really want to, but let me tell you why. You in particular have a gift for predicting where the plot is going or where it should go, and that leaves my team in a little legal quandary. Say, I read your excellent work and that's the cliff I follow over, then it can very much (and should) we read as someone else's work. But I also can't punish the other readers who've also done the work and predicted the outcome, because it would be terribly unfair. Team Lowan's been talking about this at length for months, and the only conclusion is that we want to, the dramatic tension is killing us, but we can't in good conscious read the fanfic aspects of your work. Does that make sense? I can't tell you how much we love that the Books of Binging have inspired you so much - it really makes our careers - but as my as I'm dying to read your interpretation of the rabbits, I just can't.

We adore and respect you and can't wait to slog through Book 4 so we can read your original work, but until then we need to pass. I am so very sorry, and Team Lowan sends you all the best of luck and many words.

I don't quite follow your reasoning, but it is your decision to make.

That said, it is set...probably between books 2 and 3 of your series, and probably half of it is...mythological (describing events decades or centuries past)
 

Mad Swede

Maester
I don't quite follow your reasoning, but it is your decision to make.

That said, it is set...probably between books 2 and 3 of your series, and probably half of it is...mythological (describing events decades or centuries past)
This is also very much a question about copyright. Usually, the concern is that an author could accidentally write a story that uses some of the same elements as an existing fanwork, allowing the fan to turn the tables and sue the author for copyright infringement. Probably the best known case of this involved Marion Zimmer Bradley.

Sir Terry Pratchett got around this problem by making it a condition of any fanfic set in the Discworld that the fanfic author surrender all their creative rights to their derived works back to Pratchett, and by also insisting that any fanfic be stored and shared where he couldn't see it. Jim Butcher has a similar policy and he allows fanfic provided it comes with a disclaimer like this: “The Dresden Files/Codex Alera is copyright Jim Butcher. This story is licensed under the Creative Commons as derivative, noncommercial fiction.” What that means is that the fanfic author waives any rights to that fanfic, so they can’t sue Jim (or any other fanfic author) for compensation if he writes something similar. I impose similar conditions, although I'm not aware of any fanfic set in my setting and/or involving my characters.
 

pmmg

Istar
I guess I would have to ask if any of that is legally binding. Just cause I claim a policy does not mean a court will see it that way. But if it matters, I hereby claim all creative rights to any fanfic, similar to Mr. Pratchett. The fanfic I already wrote for Mr. Swede is um.... still up in the air.
 
I guess I would have to ask if any of that is legally binding. Just cause I claim a policy does not mean a court will see it that way.
Fanfiction is a vey grey legal area in pretty much all respects. It's a case of drawing a line between fair use and the author's copyright. One of the main reasons it's a grey area is because generally authors don't like suing their fans over a little bit of writing posted somewhere online for free. It's bad press and all that. So it's not 100% sure which way the law leans.

But in general the idea is (as far as my non-legal brain understands it) that as a copyright holder you have a say in derivative works. Someone needs to licence your IP to be able to use it in their works. And as the licence holder you can dictate the terms in which they can publish their work. And these terms can include the copyright handover clause of Terry Pratchett.

So I very much think it would hold up in court.
 

Devora

Sage
I never include sex scenes in my books, and I've never found it necessary to do so. The reason I phrase it like that is because I think you have the basis for quite a good story about the way love might develop between two very different characters and how they handle their feelings. Yes, you could include some erotica if you felt it necessary, but I'd suggest doing a clean re-write without any erotica at all, just to see if you can develop the personal side of the characters and their relationship. If you think the story still works, then you can decide if you need to add any erotic bits.

As a literary example, think about Lady Chatterley's Lover. That book is best known for it's erotic sex scenes, but they're really only a small part in a story about the way war changes people and what that does for their relationships and their lives.

I've been reading Lady Chatterley's Lover. I like it so far, but not sure if this is the narrative direction I'm going for, per se. I'm going to keep reading as inspiration.
 
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