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If you’re not plugged into bookish social media, you may not have seen the news: Onyx_and_Elm, the author of a popular Harry Potter fanfiction called Breath Mints and Battle Scars, has removed their works from AO3.

This is due to the rampant (and illegal) issue of people selling bound copies of fanfiction online, often in storefronts like Etsy.

This announcement from Onyx_and_Elm has led to a rush of readers downloading their favorite Draco/Hermione fanfictions out of the fear that other popular authors will follow suit. It has shaken the community in general and left a feeling of uncertainty and fear about what this could mean for fanfiction going forward.

It’s illegal to sell fanfiction for multiple reasons. 1) The characters and worldbuilding are copyrighted to the original author – in this specific case, that would be JK Rowling. It’s illegal to profit off of someone else’s intellectual property. 2) When binders sell physical copies of fanfictions they did not create, they’re profiting off several layers of intellectual property that does not belong to them: the original author’s IP, as well as the fanfiction author who created the fic, and often the artists who created the original cover art for the fanfiction.

None of those to whom the IP belongs are making any money off the transaction.

It’s not new for niche communities to experience this kind of thing when there is a sudden rush of popularity, usually because of social media. But what can we can do to prevent this issue from ruining a good thing?

Here’s some ideas:

1. The obvious first: Don’t buy or sell fanfiction.

For most of you reading this, that’s probably not an issue. But I have to say it: don’t sell things that don’t belong to you. If someone is selling fanfiction: don’t buy it.

2. Report these listings and sellers.

If you’re worried this doesn’t work – it does! After mass reporting, at least one Etsy shop that I know of has been closed. One report may not make a dent, but it will if we’re all joining together.

There are likely other platforms where fanfiction is being illegally sold, but here is how to do it on Etsy:

• Select “Report this item” on a listing (if on your phone, you can press and hold the listing for the options to come up)
• Choose “I don’t think it meets Etsy’s policies”
• Select “It’s violating a specific law or regulation”
• Under “add more details” write:
  • “This seller is selling fanfiction which is illegal under U.S. copyright law, specifically the Copyright Act of 1976. Fanfiction is considered a derivative work, and as such, it infringes on the original work’s copyright. Additionally, the Digital Millennium Copyright Act (DMCA) and the Lanham Act also prohibit the sale of fanfiction.”

3. Spread awareness.

Share information about this issue on social media platforms, fanfiction forums, and communities to raise awareness among readers and creators. Help educate readers and potential buyers about the legal and ethical issues surrounding the sale of fanfiction, emphasizing the importance of respecting authors’ rights.

4. Lastly, respect author requests.

It’s important to mind authors’ requests regarding the distribution and sharing of their fanfiction. If they request that no binds be made of their work at all, even just for personal use, respect their wishes.

If they choose to remove their works from online platforms due to this issue, don’t blame them. Blame the sellers who’ve turned this into an issue in the first place.

Final Thoughts

I don’t blame Onyx_and_Elm for their decision at all. It’s unfortunate that some are exploiting a free resource – not just because these sellers never asked permission and are making a profit off others’ work, but because they’re plaguing the whole of fanfiction.

In short: be mindful of how you engage with fanfiction, don’t buy or sell it, and most of all, respect the authors for their time and commitment to providing us with these stories for free.