Is It Acceptable to Use a Major Plot from Fanfiction in Your Original Work?

Introduction

When it comes to creating your own original work, the question of whether it is acceptable to use a major plot from fanfiction often arises. This article aims to explore the legal and practical implications of incorporating such plots into your writing, while also discussing the ethical considerations involved.

Copyright and Plot Devices

Generally, the specific plot devices used within a story are not copyrightable. This is because plot devices are considered to be ideas, and as such, they are not subject to copyright protection. What is copyrightable, however, is the specific expression of those ideas, such as the words, characters, and settings that are unique to the author's original work. For example, A beautiful Princess who is taken captive by a Black Knight and rescued by a young knight on an adventure is a fairly common plot device, but how it is executed—whether that includes the names of the characters, specific dialogues, descriptions, or any details that are unique to the author—can be protected under copyright law.

To illustrate this, consider Star Wars: A New Hope (Episode IV). The plot revolves around a captive princess, a secret message, and a hero’s journey. While the idea of a princess, a knight, and a rescue mission might be considered a common plot device, the specific names, dialogues, and scenes are what distinguish it as a copyrighted work. In other words, if you were to recreate this plot in your work but change the specific details and names, it would be legally permissible.

The Risk of Replicating Fanfiction

However, there is an ethical concern when using a plot from an existing fanfiction with minimal changes, even if it is permissible under copyright law. Many readers and critics are quick to notice the similarities between your work and the source material, and they may criticize you for lack of originality. This can lead to unfavorable reviews, lower sales, and even legal action from copyright holders of the original fanfiction.

For instance, if you take a plot from a Sherlock Holmes fanfiction series, rename the characters to Mark, John, and Plucky, and simply rephrase the dialogue and descriptions, the original creators may claim that you are directly profiting from their intellectual property. In this case, while the plot itself might be commonly recognized as a literary device, the specific execution of that plot would still need to be unique and distinct to your work.

Defining Major Plot

The term “major plot” can be subjective and varies based on the context of the story and the specific aspects of the plot that are used. In some cases, commonplace plot devices such as a hero’s journey, a forbidden romance, or a revenge storyline might be considered “major” if they are heavily relied upon or if they significantly define the arc of the story. Conversely, even if a plot is not particularly innovative, minor changes or fresh perspective can turn it into an original narrative.

An example to consider is the emergence of the omega-verse and wincest subgenres. These plot devices are now recognized as legitimate forms of fanfiction but have since branched into full-length novels and other media. Therefore, while these specific plots might not be eligible for copyright protection, the unique execution and adaptation of these concepts in your own work can be.

Conclusion and Recommendations

While it is possible to use a major plot from fanfiction in your own original work without infringing on copyright, it is important to ensure that the specific expression of the plot is unique and distinct from the original source material. This not only respects the rights of the original creators but also helps to establish your work as a genuine and original contribution to the literary world. Additionally, taking care to prevent plagiarism and providing proper attribution (where applicable) can further enhance the ethical standing of your work.

Ultimately, the key to a successful original work lies in the unique execution of your ideas, rather than the exact replication of an existing plot.