How Do Writers Publish Copyrighted Website Fanfiction Legally?

Most practical for me is to (1) determine whether the intellectual property (“IP”) holder has established a published fan policy (i.e., permitting “fan fiction” provided it’s “non-commercial” or otherwise restricting it); and (2) include a brief note of credit somewhere (e.g., “Fan Fiction – An Unofficial Work” in the header, with a further disclaimer e.g. “Original characters and plot by [Me]; Universe by [Original Creator]”). Then, post it up on the appropriate fan-friendly site or your own blog (assuming your use there won’t exceed the blog’s terms and conditions).

However, if I were to use a story with characters in paid work, such as a book, or if I were to sell a story with characters from a particular universe, I would either get written permission from the IP owner or re-write the story completely as original work. I would change the names, the setting, the back-story, etc. Often I would consult with an IP attorney or look up the laws on fair use for purposes of parody or criticism. However, I have always been able to remove work that was requested to be removed from the web by keeping the work non-commercial, being transparent about whether I have permission, and honor takedown requests.

I used to post up tiny little crossover drabbles of Star Wars and the manga I read, and the biggest rule I learned is don’t monetize characters that someone else created without talking to them first. It’s fine to post fan work on very community friendly sites for free, but that doesn’t necessarily mean that the creator can’t ask for it to be taken down later.

So then the project becomes financially viable at some point in time, I get written consent for use of the characters or rework the whole piece slowly but in the end it’s a completely original work with full credits for any artists/researchers/I use and no use of official logos, promotional images etc. It’s not the most glamorous set of rules but it’s the best way to ensure you have peace of mind.

I wrote a Harry Potter story to post online and immediately went into panic mode about the legality of it all. After a bit of reading up, my fears subsided. While it is clear that any story we write to post online is a derivative work, therefore falling under the strictures of the copyright of the original work, many authors and companies understand the nature of fan-created content and tolerate non-commercial fan work.

Nowadays, I am more careful and check the rights-holder's policy on fanfiction for the respective work (some even state it explicitly on their websites, others remain silent on the topic). As long as the rights-holder permits non-commercial fan works, I post them on community-friendly websites like this one, always give credit where credit is due and even add a disclaimer at the top, saying that I don’t own the respective work and that it’s merely a fan-created piece. If I plan on turning it into merchandise, I refrain from using official logos etc. and clearly state that I don’t own the work (even though I may have altered it greatly). Written permission or a complete reworking of the world within the story to make it 100% original (with the same themes, of course) would be required for any attempt to make profit with the story.

But I can treat it with the respect it warrants. Acknowledge the creators, give credit where it is due and ensure that notifying you that we wish you to remove a notification is as easy as possible for them.