It is no longer a rumor: at least three BBM fan fiction book writers have received letters from the lawyers representing Simon and Schuster, the publishers of "Brokeback Mountain" requesting the complete withdrawal of their work from all internet sites and from all publication. My own series of novels were the subject of a cease and desist letter in April 2007. Since I was already contemplating the reworking of my series, which in its early form takes place after the end of Annie Proulx's story and which only peripherally touches the plot of her story, fashioning the unwritten parts into a murder back-plot, it became feasible for me to write a new novel with a gay theme and change the characters that I had borrowed. I withdrew the site, and have been working hard, with Leslie as my editor/co-author, to 'convert' my books, and am pleased to say that part of the audience for the fan stories have taken well to the changes that make "Tales of Greenlea County" erotic novels with their own reason for being, and with, hopefully, a commercial career as gay erotic fiction. I never had the intention of disrespecting the author's intent, nor to take ideas that did not belong to me - the inspiration I got from BBM had opened out a new avenue of fiction for me that I had only begun to explore with my previous erotic novel, "The Erotic Etudes."
But other stories, written as AU's that involve both the characters of Ennis and Jack, are not so reworkable, and have presented severe dilemmas for their writers, and the two I know of have chosen not to argue the matter. One of these authors went silent after a cryptic announcement, but the other posted an announcement on his Livejournal before withdrawing his stories within the ten-day notice period:
http://no-reins.livejournal.com/13096.htmlLucian's entry in his blog references a site I had been referred to many months ago when I was first struggling with issues of copyright and plagiarism within the fandom, "Chilling Effects."
http://www.chillingeffects.org/fanfic/However, another site has referenced BBM and fan fiction, and maintains that erotic fan fiction has its place as protected speech as a form of criticism and commentary, and should be protected under the law. I find this point of view intriguing and may possibly prove to have some legal merit.
http://www.henryjenkins.org/2006/09/fan_fiction_as_critical_commen.htmlHowever one feels about the 'rights' of fan fiction authors, the BBM fan community will be undeniably affected by the decision of the publishers of BBM to defend its rights by issuing letters, and undoubtedly, as they meet with no challenge to their stance, they will most likely issue more of them. the Dave Cullen forum,
www.davecullen.com, has issued a policy that prohibits open discussion of fan fiction and C & D due to legal concerns over copyright. However, we at Bettermost do not believe that our site, nor our readers or members, should have any concern about the open discussion of copyright law and fan fiction, nor should anyone be discouraged from expressing an opinion about it.
The individual authors who have been affected by the C & D have chosen to refrain from comment beyond the statements I have referenced here. I too have issued a comment on my own LJ about my decision to rewrite those of my fan fics that fall outside the realm of parody:
http://louisev.livejournal.com/225229.htmlMy intentions toward the authors of the book and screenplay of "Brokeback Mountain" were to do no harm, nor to benefit from their hard, original, inspiring work. But neither do I believe that my own original work should be suppressed, and have been putting in the extra effort to make it into a form that puts the effort in a form that is not challengeable legally. I suggest that who have devoted great effort to writing erotic fan fictions, to read and research, to decide upon your own goals as authors, and consider the risks and potential costs, before the fandom receives a wider ranging legal challenge. I urge those of you who have found a new vocation in fiction writing, to consider writing your own original works, adapting what you learned in these writing exercises, and not let your voice be quelled because the route of fan fiction in this fandom may close. And to feel free to have an open dialogue with other writers and readers here about the chilling effects now affecting all of us who love and still watch and read Brokeback Mountain.