profile

Letters From Libby James

Fanfiction in the Gray Area: Writing, Selling, and Staying Legal


Fanfiction is older than the internet, older than television, older than the idea of intellectual property itself. Storytelling has always been a cycle of inspiration, reinterpretation, and reinvention. Virgil remixed Homer. Shakespeare lifted from history and folk tales. Cervantes was so incensed by an unauthorized sequel to Don Quixote that he wrote his own. People have always taken stories they love and reshaped them. But in the modern era, copyright law complicates this age-old practice.

Some of today’s bestsellers started as fanfiction before being transformed into something legally distinct:

Fanfiction is a launchpad. If you’re strategic, you can turn your fan-inspired writing into an original work—one that won’t get you sued.

Can you use someone else’s characters?

Only if they’re in the public domain. This is why fairy tale retellings flood the market—no one owns Cinderella. But if a character is copyrighted, you’re on shaky legal ground. Sure, millions of fanfiction stories exist online, but if you try to monetize them without changes, you’re asking for trouble.

Most fanfiction exists in a tolerated gray area—legal but unenforced. But the moment you try to make money from it, you risk:

  • Cease and Desist Orders – Some authors (Anne Rice - RIP, George R.R. Martin) actively shut down fanfiction of their work.
  • Copyright and Trademark Issues – The original creator owns their characters and worlds. Using them commercially is infringement.
  • DMCA Takedowns – Platforms like FanFiction.net comply with copyright takedown requests.
  • Derivative Work Restrictions – Only the original copyright holder can approve sequels, spin-offs, and adaptations.
  • Fair Use Confusion – Some fanfiction writers assume their work is protected under fair use. While some elements may be transformative, this is a gray area that usually doesn’t hold up in court.

The safest route? Transform your fanfiction into something original before you try to sell it.

So how do you make your fanfiction legally yours?

It’s one thing to take inspiration. It’s another to directly copy. Here’s how to separate your work from the source material:

  1. Change the Names – Swap out any recognizable characters.
  2. Alter the World – Make your setting distinct from the original.
  3. Rework the Plot – If it follows the exact beats of an existing work, it’s still too close.
  4. Own the Themes – What drew you to the story? Expand on that with your unique perspective.
  5. Modify Relationships – Shift character dynamics so they function differently than they did in the original work.
  6. Create Unique Lore – If your fanfiction is set in a fantasy or sci-fi world, change the rules of magic, technology, or government.

A perfect example? Fifty Shades of Grey stripped away the Twilight elements and became its own beast. The scaffolding may have started with Edward and Bella, but the final product had none of Stephenie Meyer’s characters, settings, or supernatural elements.

If you’re worried about your work being too close to its source, try these exercises:

  1. Take a scene from your favorite fandom. Strip away the names, the setting, and the lore. What remains? Rewrite the scene so that only the emotional core remains, but everything else—character names, world-building, backstory—is uniquely yours.
  2. What if a minor character became the main character? Explore the world through their eyes and create new storylines that weren’t explored in the original.
  3. What happens after “The End”? Take the ending of a popular work and push beyond it. How would the world change? How would the characters grow if you had full control?
  4. Reframe the story with a different genre. What if a dystopian sci-fi story was turned into a historical drama? What if a romance became a psychological thriller?

If you want to turn your fanfiction into a career, consider these approaches:

  • File off the serial numbers – Change enough details that your work stands on its own.
  • Use fanfiction as practice – Gain an audience, refine your skills, and use that experience to create something original.
  • Look for licensed opportunities – Some properties (like Star Trek and Halo) have authorized fan-written novels through official channels.
  • Offer commissions – Some writers earn money writing personalized, original fiction while maintaining a fanbase through their fanfiction work.

Fanfiction is more than just entertainment—it’s how many writers cut their teeth. It’s an act of love and reclamation, a way to engage with storytelling that mainstream media often ignores. But if you want to publish and profit, you need to reshape your work into something undeniably original. The good news? The best stories don’t just copy. They evolve.

If you think these letters may intrigue or inspire someone you know, please forward this to them so that they may subscribe.

Have you missed a letter? You can read my old letters here.

4000+ Readers

My legal mailing address (via Kit) is listed below.

113 Cherry St #92768, Seattle, WA 98104-2205
Unsubscribe · Preferences

Letters From Libby James

I help writers strengthen their writing and creative practice, navigate the publishing world, and turn their art into an act of rebellion.

Share this page