Category Archives: Writing

Fair Use: Parody, Porn, and Games (Oh My)

(To ensure there’s no confusion here: I am not a lawyer, I am a writer who has an interest in this subject because I would like to not be sued or ripped off. Noble motivations, I assure you.)

Last month I mentioned something about an upcoming Star Trek production and it stirred a lot of debate about the legality of fan films. At the time, I wasn’t even trying to claim anything about legality because, frankly, that can’t be determined until after the lawsuit’s long over. And, while people are incredibly passionate about that debate, I’m not actually so angry that I could go on talking about the production for much longer. It’s not that I don’t care, I do, but the emotion that would best describe my reaction would be “disappointment”.

Still, there is something about the topic that I am fairly passionate about. Long time readers could be confused how I could come out so adamantly against the likes of Shia LaBeouf for plagiarism and copyright infringement but defend fan-works like Axanar so often. The two points of view may be seen as contradictory in the eyes of some, but they’re all part of a general philosophy I have regarding copyright. Basically, thieves should be treated as such, but fan works need not necessarily be considered thieves.

types-of-shia-labeouf
Labeouf, however, may require charts

I believe in a system that protects creators, doesn’t naturally favor the wealthy, and provides some limited protection for fan productions as creators in their own right. The way I’ve seen it for a long time, that’s not quite what we have. Instead, our system tends to bend to the whims of whoever can afford the best legal team. And, because of that, I’m often disappointed in general at the way the system’s carried out. To put it another way: guys like Shia LaBeouf get away with it because the system we have now lets them while even the most innocent of fan productions could be shut down at a moment’s notice. Would I consider Axanar as “the most innocent”? No, but that’s why I’m more disappointed than angry.

So it’s not that I want to tear down the copyright system, far from it, creators like me need more protection from the likes of LaBeouf. However, when I look at fan productions I don’t see the enemy so much as I see people who are either trying to get started as creators or trying to show their love for the work of another creator. Plagiarism and copyright infringement are matters of theft, but I don’t feel most fan productions should fall in that category and right now the law basically says they do.

What I’d want is clear and common sense legislation to guide fan works in a way that won’t hurt the original creators. Many believe that legislation already exists and mention repeatedly that’s the whole point of “Fair Use”. But, as much as people would want to believe Fair Use provides that common sense protection for fan works, it really isn’t as clear as people would think it is. The fact of the matter is, even seasoned professionals often overlook the fact that Fair Use, like most of copyright law, is incredibly subjective and, frankly, has lost some of its power in the last few years.

Unless, of course, you can afford to defend it… Continue reading Fair Use: Parody, Porn, and Games (Oh My)

Monday Musings: The Feedback Loop

There are some fears among the writing community that are prevalent across all levels of experience. From the earliest of writers to people who’ve actually pulled the trigger and published something, you’ll find shared angst. First, of course, is the fear of rejection, a haunting little notion that someone not liking your work means they hate you. Second is that you may finish something and see nothing of value in what you sunk so much time into (effectively meaning you wasted your life). And third, of course, is the dreaded task of editing.

It’s not everyone and it’s not always expressed in the same way, but edits are generally painful. They’re basically sitting down and determining how you messed up, over and over, but then having to convince yourself that the same asshole that broke it can fix it. Somewhere, deep down, every writer fears the moment where they have to say to themselves “maybe this time I do it sober and/or well rested.” And the worst part is that any good editing process involves getting the opinion of another person – and that means opening yourself up to rejection at the same time.

Understand, if you have a hundred people reading your work and 80 of those people are positive, it’s easier to take the 20 in stride. But if you have only 2 and one of them has corrections to make – that’s gonna hurt. Sure, it’s only two people, but 50% of all people who read my work hate it. But the good news is that it’s natural, so there’s no real shame to the fact that people need to learn to cope with it. In fact, the mark of greatness is generally finding a way to deal with that feedback process in stride. Countless writers thank their editors as being the one who “does the real work”, and most of them are being genuine. Unfortunately, not all of us can be that level headed and that sting sticks some people into what I’d call the “feedback loop” – searching for positive feedback until they ruin the work.

But, you see, the feedback loop is stupid, because it requires you to forget that people are stupid. Continue reading Monday Musings: The Feedback Loop

Politics, Ideology, and… Comic Books

Any long time reader of comics knows that any major event that happens in the world is inevitably going to be reflected in comic books. Marvel and DC’s golden age of comics were based primarily in the war-time propaganda surrounding WW2. The civil rights movement in the 60s got a lot of references thrown into the X-Men comic books and other silver age works, to great effect. A memorial comic of sorts was published in response to 9/11 (to slightly lesser effect). And Obama becoming the first black president even got a shout out in Spider-man,

Obama Spidey

Given that, you’d expect recent world events to fall into these things and, generally, they do. The rise of terrorism has been addressed repeatedly in different titles, especially as the Iraq and Afghanistan wars were at their peak. Even the movies based on them have had clear undertones of certain events, even if the countries they represent are fictional and distinctly not Middle Eastern. And, a few years ago, Frank Miller tried to pitch a Batman comic where he’d go to fight Al-Qaeda. DC thankfully pulled that one (but couldn’t stop him from self publishing as an original IP). But as of right now there’s one political element in the US that’s running strong which, given past events, I imagine someone in the comic book industry is chomping at the bit to get to.

trump

And, I’m going to be honest, I really hope they just leave it alone. Because, for all the great stories you can probably think of, the truth is that comics really suck at politics. Continue reading Politics, Ideology, and… Comic Books

Monday Musings: Derailed Productivity

You had a plan, not a good plan, but it was a plan that most certainly existed. First, you’d wake up, groan and shamble into the kitchen in search of Colombia’s greatest export. Grinding it up and snorting it, you’d take your caffeine as Satan intended and would be strong enough to face the day. Guided by the Tulpa of Juan Valdez, you would then sit down and grind out 2,000 words on that manuscript you’ve convinced yourself will be the path to fame and fortune. After all, you heard once that’s how Stephen King did it. And that guy looked amped in the 80s.

overdrive

Just one problem – getting up isn’t happening. You tried for a moment but stopped once you felt your soul trying to escape yoru body. Everything hurts in ways you didn’t think were possible. Every muscle aches, your head is pounding, your stomach is churning and you’re pretty sure something is going to explode if you disturb it any. You weren’t partying last night, you had too much procrastinating to do on the manuscript for that. There’s only one explanation… you’re dying.

Oh god, you were so young, you’d done everything right, and now you’re going to melt into a pile of goo in your bed and be remembered by no one. Some poor bastard is going to find you face down on the pillow, glued to it by whatever the hell it is coming out of your nose right now. And what do you have to show for it? What have you left to the world? Stephen King wrote 12 books by the age of 35, what have you done with your life?

Wait…what if he was doing the other Colombian export? Oh god, you’ve been so stupid, spitting up black phlegm for months over nothing. Every day you’ve been walking around like some jackass from the old west looking for a spittoon!

Wait, focus, you’re dying, damn it. You need to get that manuscript done right now and make sure that you leave something for the people! You’re going to force yourself to get up and get your work done no matter what.

But that raises another question: how are you going to do that?

Continue reading Monday Musings: Derailed Productivity

Monday Musings: The Line Between Shallow And Fun

Sometimes, we all get caught up in a touch of nostalgia and go back to an old guilty pleasure that gives us a warm, fuzzy feeling. Maybe it’s a trashy romance novel, maybe a “so bad it’s good” movie, or maybe a show or game that really has very little substance at all. Recently, as I made jokes comparing myself to Kirby, I found myself in the same place and went wandering back to Dream Land to play as the pink puff ball. I picked up Kirby Squeak Squad and was instantly hit with just how shallow the plot was – and proceeded to not give a damn.

inciting incident
Legitimately the inciting incident

This isn’t too uncommon in games, especially in platformers where you really don’t have to give much of a shit at all. For the longest time no one had any idea what the plot was to Super Mario Bros. How could you? It only came with two lines of dialogue and a plot that required you read the manual. And, let’s be honest, no one ever read videogame manuals, that’s why they stopped getting included. As time’s gone on, those sorts of games have slowly been reeled back as more intricate games have stepped forward. Still, occasionally, you get the urge to play a game that doesn’t really seem to give a shit what the plot was in the first place – that’s why the most recent release of Doom was so well received.

doom

But it doesn’t just hold true for games. Every form of entertainment has this pocket of “should be garbage, but isn’t” and it’s known by many names. Guilty pleasures and popcorn flicks are so common to people of all walks of life that they’re part of the everyday vernacular. And the thing is, in some cases they become so beloved that everyone agrees that their flaws are perfectly clear but don’t matter one damn bit. Hell, some productions even go out of their way to hit every single trope they can to try to become one of these on purpose.

fuck-thats-a

So, question: what’s so different between these and something that everyone agrees is legitimate garbage?

Continue reading Monday Musings: The Line Between Shallow And Fun

The Descent of Ascendant

Few things that I say on this blog happen to get proven so clearly that I can actually point at it and say “called it”. For all the analysis and predictions that you can make in the creative industries, it’s still a wild animal that’ll defy your expectations without an inside source. But in recent news I saw something that was just so in line with one of my posts that I just had to point it out. Because, frankly, the backhand in this decision was so loud that no one could interpret it any other way.

fight

Lionsgate, the studio behind the Divergent films, recently announced that the final film in the series wouldn’t be getting a theatrical release and would instead head to TV. Worse, they didn’t even tell the cast and word has it that most of them probably aren’t even an option for returning. Supposedly, this is to try to backdoor a pilot for a series like with what the Mortal Instruments series did, but the writing here is clearly on the walls. To me it stands as probably the greatest evidence of something I’d said not too long ago on this blog. With the previous film doing “okay” and several others in the genre doing about the same, it’s becoming painfully clear what’s starting to happen with this move.

YA adaptations just took a shot to the kidneys, and the studios are getting ready to bail.

Continue reading The Descent of Ascendant

Cutting Out The “Babble”

One of the big debates I have with myself every day is just where do I draw the line between science and magic in my work. As anyone following this blog or my twitter would know, I like to world build. But every detail I add to that world (which I’ve long ago declared was Sci-Fantasy) has that question of which direction I should go. I’m a firm believer in Clarke’s Laws so I could go either direction depending on what I feel works best. It’s not really an inconvenience, I like to contemplate it, but it does mean I think about it a lot and about why my world is shaping the way it does.

In all honesty, despite how much I like fantasy worlds and love to delve into the mythologies of our own world, I’m a huge sci-fi nerd at heart. I love me some technobabble and I’ve spent way too long on some wikis about sci-fi worlds. I know, deep down, that I shouldn’t know the fundamental differences between the real world theory of the Alcubierre Drive and Star Trek’s Warp Drive. But I do, and that’s my embarrassing cross to bear.

alcubierre

I like when things have explanations, even if they’re bullshit. I like to see the world as a tangible thing, and I really love to have that feeling that something is possible, even if it’s not quite here yet. I know I’ll never see a real dragon on Earth or ride a unicorn. And, while I’ll never go into space either, I know someone can. Sci-fi and Sci-Fantasy by extension give me a new twist, however, because there’s totally a chance Unicorns live on another planet. So I like to put sci-fi in my fantasy as a little chocolate for my peanut butter.

But despite my love of the sci-fi, I know the fantasy is a hell of a lot more accessible for mainstream audiences. People debate why all the time, from arguing that sci-fi strips the magic out of the world, to the idea that there’s an anti-science slant in our culture. But truthfully, it’s the technobabble. It’s not that people dislike the science or explanations either, because a lot of complex ideas have been loved by people and we do have whole communities devoted to “fucking loving science”. Rather, the issue is the delivery.

See, we make people feel stupid…

Continue reading Cutting Out The “Babble”

Dealing With Death Flags

Writers have a difficult balancing act in a lot of situations. There’s always a question of what’s too much vs not enough or too soon vs too late. Timing, substance, style – it all depends on whether or not we can actually put the right plot points at the right times and the right place. Honestly, we’re always having to question our every damn move because people are fickle and rarely as forgiving as we’d need. This is probably a good reason why so many of us are known to start drinking with the right stimuli. And, for some of the greats, the right stimuli happens to be sunrise or a lack of wanting a hangover.

One of the most important moments to be cautious about is the death of a character. If done poorly a lot of audiences will reject it all together, done well and they may begrudgingly love you for it. But when is a good time to do it? How do you make sure the death actually matters in the grand scheme? How do you make sure the audience feels this loss and doesn’t hate you as a writer for it? There is a lot of consideration that goes into building up these monumental scenes.

So, of course, most of us ruin it by letting everyone know what we’re about to do.

Continue reading Dealing With Death Flags

Why Time Travel Stories Derail

This was a rough week. Waking up and getting ready to get ahead of my schedule Tuesday, I discovered that there were computer problems which had corrupted my operating system. The next few days had me making multiple mistakes and hitting several snags that I would kick myself over repeatedly. When all was said and done, I had the computer back, but my hard drive had to be erased and my most recent backup was sorely out of date due to another mistake I had made.

These are the times when a man needs a time machine.

But this week I also had a chance to watch Project Almanac, a film that I had heard of once before but had not actually taken the time to see. Not being a huge fan of found footage and wary of most time travel movies (more on that later), I wasn’t in a huge rush. But, frankly, there wasn’t a whole lot to do at that particular moment and it was there. This is basically how most things happen in a writer’s life, you get used to it.

What I found was that Project Almanac, having an interesting premise of being a found footage movie about time travel, had a very predictable and cliche plot littered with a lot of nonsense about time travel. There’s something a lot of critics and writers understand, and it’s something we don’t mention often, but it is terribly easy to fuck up a time travel story in ways that aren’t clear to you until long after it’s too late. Plot holes, convoluted arcs, and conclusions that make no sense to the audience are incredibly difficult for most creators to miss along the way.  But few people ever really pin down why.

Today, I’m going to tell you: it’s because most people don’t realize there are more than one set of instructions…

Continue reading Why Time Travel Stories Derail

Static vs Stagnant

Serialized fiction, the stuff that you figure is going to run for years, maybe even decades, is full of perils. As the years go on there are some key questions that have to be answered. Are these going to tie together into a single complete story? Are they simply episodes in these characters’ lives? Do I want to keep my cast safe with the infamous hero bubble or do I slaughter everyone like George RR Martin after a bad day? These are all major decisions and everyone approaches them differently.

But one of the most complicated questions is how far does your protagonist move from one entry to the next. There are four general directions you can go and they require you to answer all those previous questions in the process. You could have a character stay on the straight and narrow path, progressing but not necessarily “changing”. You could have them veer wildly off course, being sent down darker roads or into morally ambiguous situations. And, finally, you could have them not really move at all. You could have them remain static or let them stagnate so that each story features the same immobile person. Those last two, static or stagnant, may sound a lot alike but there is a very key difference between them:

Is the audience going to stay with them? Continue reading Static vs Stagnant