I find your argument to be extremely well-written and logical. And although modern fan fiction may be the result of Trek in the 1970s, or arguably Sherlock Holmes prior to that, in truth fan fiction is ancient, as I'm sure you know. As you say, it is a core human right to use one's imagination and a basic human response to use it on texts one has read/watched/heard. Only since the advent of concept of intellectual property rights has this even been an issue, and as you pointed out, if the monetary rewards of the author are not being stolen or infringed upon, there is no offense truly being committed. (Assuming it is not a case of plagiarism, by which I specifically mean the fan steals the material and claims s/he created it.)
As someone who writes original fiction as well, I have long since accepted that if I ever publish and make fans, I will have fan fiction written about my work. I will consider it a compliment, even knowing in advance that my characters will sometimes be portrayed OOC or even outright butchered in ways that will offend me. But I know fan fiction is actually a labor of love and would not revoke my "permission." In fact, after looking into the psychology, etc. of fanfic, I have wondered if most writers who "ban" fanfic of their work are either arrogant or insecure. Perhaps I am wrong, but the thought has crossed my mind.
However, the bigger issue may very well be that the fans of such authors can feel alienated, even slapped, as though their love of the characters or world has been rendered invalid because the implied message of such a stance is they are not allowed to think creatively about what they love. That could very well cost the author fans, which in turns costs them money. But I doubt they consider that when making their ruling.
Beyond that, I suspect intellectual property rights and copyrights will have to be re-imagined and reworked in the 21st century. Our entire schema is shifting, and the old models, as you pointed out, will not hold up.
no subject
As someone who writes original fiction as well, I have long since accepted that if I ever publish and make fans, I will have fan fiction written about my work. I will consider it a compliment, even knowing in advance that my characters will sometimes be portrayed OOC or even outright butchered in ways that will offend me. But I know fan fiction is actually a labor of love and would not revoke my "permission." In fact, after looking into the psychology, etc. of fanfic, I have wondered if most writers who "ban" fanfic of their work are either arrogant or insecure. Perhaps I am wrong, but the thought has crossed my mind.
However, the bigger issue may very well be that the fans of such authors can feel alienated, even slapped, as though their love of the characters or world has been rendered invalid because the implied message of such a stance is they are not allowed to think creatively about what they love. That could very well cost the author fans, which in turns costs them money. But I doubt they consider that when making their ruling.
Beyond that, I suspect intellectual property rights and copyrights will have to be re-imagined and reworked in the 21st century. Our entire schema is shifting, and the old models, as you pointed out, will not hold up.