Marion Zimmer Bradley Fanfiction Controversy

Note: There is no evidence of the fanfiction writer suing the author during this controversy.
Beyond her well-known writing career, Marion Zimmer Bradley (often called MZB) is famous in fandom as the central figure in a controversy over fanfiction, specifically a fan's 1991 fanfic called Masks, which supposedly made it impossible for Bradley to publish one of her own for-profit novels called "Contraband." 
The tale is oft-repeated using a wide variety of "facts" and hearsay, and it has become a cautionary tale and evidence that professional authors should avoid reading fanfic and/or not allow fans to create fanworks based on their published works. 
The details in popular accounts regarding Bradley vary widely, involving alleged threats of lawsuits on both sides and estimates of the amount of material lost regarding "Contraband" ranging from incomplete notes to "four years of work." 
The controversy generated discussion about gift culture, fandom and profit, what makes a "good fan" and a "bad fan," the pros and cons of playing in someone else's sandbox, power imbalances, and gratefulness.
The controversy also affected fans in other ways. In 1980, after one of Bradley's universes, Darkover, became popular, Bradley had accepted submissions from fan and professional authors for a series of Darkover anthologies which she edited and were published by DAW Books. This financial and creative endeavor gave some fan fiction writers an opportunity to be professionally published. 
These DAW Darkover anthologies ceased after the Marion Zimmer Bradley Fanfiction Controversy, something that was upsetting to many fans who'd enjoyed the visibility, status, and money that being professionaly published provided.
==A Similar Topic==
For another event involving fanfiction and the Marion Zimmer Bradley Literary Works Trust, see: Marion Zimmer Bradley Literary Works Trust and Unauthorized Fanworks. 
==Before the Controversy==
Marion Zimmer Bradley had been writing professionally since the early 1950s. 
Her first Darkover novel appeared in 1958. 
According to Jacqueline Lichtenberg, she was asked by Gene Roddenberry to write a script for Star Trek and turned him down. 
MZB also edited the fanzines Mezrab, Day*Star, Andúril, and Astra's Tower. She was also a very frequent contributor to many other science fiction fanzines.
In the 1970s, Bradley wrote fanfiction for Star Trek and Tolkien fanzines.
=== Early Participation in Darkover Fandom, Including Zines ===
MZB had said that she didn't so much create Darkover as she discovered it, and she encouraged fan fiction writers to write in, what she called, her "back yard." She herself edited fiction fanzines, the DAW anthologies, and the long-running publication Darkover Newsletter in which there was much discussion regarding fannish creations.
Bradley published her own fanworks zine, Starstone and Bitter Honeymoon and Other Stories: The Amorous Adventures of Dyan Ardais. She also gave specific approval to several other zines, including Moon Phases, as well as implicit approval to others. 
She was actively aware of, participated in, and actively encouraged fan writers to write Darkover and other fan fiction in her universes, especially in her contributions and comments in the long-running Darkover Newsletter. 
Bradley and Walter Breen's first mention of their interest in publishing a zine of Darkover fanworks (which they called "apocryphal stories") was in August 1976. In Darkover Newsletter #2, Walter Breen proposed the zine that later became Starstone: 
 
Bradley, in the same newsletter, added her comments regarding their zine of fanworks: 
In January 1978, Bradley made this statement regarding a story she shared a byline with Elisabeth Waters in Starstone #1: 
 
In early 1978, she wrote: 
In December 1978, Bradley wrote: 
In October 1979, Bradley wrote about some agonizing choices she had to make regarding choosing stories for the DAW Books, "Keeper's Price," and she was very forthright about an excellent story she had read, and rejected: 
Regarding transformative work and influence: In April 1982, Bradley responded to letters that accused her of "stealing" names, and perhaps ideas, from James Blish and H.P. Lovecraft. She offered up a lengthy explanation and ended with: "But none of us was self-consciously plagiarizing any other; we were merely adapting materials we loved into our own individual universes. And that's how it should be." Darkover Newsletter #25 
===1977-1978: The Cross-Pollination of Creative Works and the Communal Human Psyche===
Bradley often commented on how writers drew upon other writers for for ideas and inspiration. [need some examples]
In 1977 and 1978, there were a number of statements made in her newsletter that George Lucas "lifted," or was "inspired" by Darkover for Star Wars.
 
From a statement in 1977 in Darkover Newsletter #6: "After all, "Alderaan" is a name lifted from Darkover, accidentally or otherwise, the rebel base was on the Red Moon, Tatooine resembles the Drylands almost as much as it does Arrakis, the Force is not very far removed from certain manifestations of laran, and a local Council member who calls himself "Chang," our martial-arts expert, is a Mark Hamill look-alike."
From the 1977 essay by Ted Bryan in Darkover Newsletter #8: "...yes, it HAS been pointed out that laran is a manifestation of the Force, and that evidently Lucas was familiar with some of the Darkover books." 
=== 1978 Discussion of Fanfic and Copyright ===
Bradley also actively encouraged fan writers to write Darkover and other fan fiction in her universes, a topic that came up early on and was worrisome to some. 
In an undated Darkover Newsletter (certainly 1978, most likely March), a fan wrote a con report about Boskone and describes how a fan approached her, and several others, and instigated a lengthy discussion about the inherent problems regarding Marion Zimmer Bradley's heavy involvement in Darkover fandom. While the account below was written for publication in the newsletter, it is specifically addressed to Bradley. It provides much foreshadowing, and in fact predicts, the events that would occur fourteen years later: 
[1978]: 
Marion Zimmer Bradley responded in the same newsletter: 
See more at Darkovans Invade Boskone!.
===1979 Comments by a Fan on Appreciation and Ecouragment===
=== The DAW Darkover Anthologies Began Accepting Fan Submissions in 1980 ===
After Darkover became popular both from Bradley's published books and among fanwriters, Bradley began to accept submissions from fan and professional authors for a series of Darkover anthologies published by DAW, beginning with The Keeper's Price (1980). It was in the author's foreward for "The Keeper's Price" that Bradley stated her own disapproval with authors who sought to suppress fan fiction set in the worlds they had created, as well as why she enjoyed writing alongside fans in Darkover: 
[1980]: 
===1981 Comments by a Fan on Why Bradley and Other Pro Writers Encouraged Fanfiction in Their Universes===
In 1981, a fan wrote about Bradley, and other's attitudes toward writing fiction in other peoples' universes:
===1983 Discussion at Worldcon Regarding Bradley's Zines, Trademark, and Copyright===
===Mercedes Lackey's Comments Regarding "Ideas"===
Mercedes Lackey, one of Marion Zimmer Bradley's protégées, and ironically the person entrusted with the notes to "Contraband," In March 1993, Bradley wrote, "I'm afraid that Contraband, the novel involved in this unfortunate affair, is dead — at least, for my lifetime. The fan tried to get Mercedes Lackey to read it but she refused, so it's possible that Misty could write it after my death. I'm leaving her the notes I made on it before I read the fan's story." -- Darkover Newsletter no. 60 had some things to say about ideas and copyright.
In 1989, Lackey offered an eight-point tutorial for aspiring writers. One of those points was the subject of ideas and their theft: 
In 2006, Mercedes Lackey gave a bit of a different spin on MZB's borrowing from fans: 
==Ghostwriters and Collaborators==
Bradley suffered from poor health, and was in a variety of accidents from at least 1978 to 1999. Some of these were discussed in the magazine Locus, Usenet, and even more commonly, by Bradley herself as well as her partner, Elisabeth Waters, in many issues of the Darkover Newsletter. One of the first public mentions of Bradley's poor health was in March 1978, when the editor of her newsletter said he didn't want to "give her another heart attack." -- Darkover Newsletter #11 In November or December 1978, Bradley's car caught on fire and she was taken to the hospital. She related to fans: "I collapsed and was given oxygen by the firemen and taken to a hospital for cardiac monitoring; whereupon they decided that my heart was only crying wolf." The car was a total loss, however. -- from Bradley's Letter from MZB in Darkover Newsletter #15/16 In March 1979, Bradley was taken to the hospital after being hit by a pickup truck. From Darkover Newsletter #17/18: "In March, crossing the street, I was struck, knocked down in the street, by a pickup truck. A trip to hospital showed only bumps and bruises; but the psychic shock was considerable." In April 1979, Bradley was driving and rear-ended another car, causing her young passenger to hit the windshield with her head. From Darkover Newsletter #17/18: "On April 18th [1979], I was driving my niece Fiona to ballet, and a car in front of me stopped with unreasonable suddenness; we plowed into them, Fiona's head struck the windshield (she was not injured, thank God... but now she knows why I nag her about seat-belts. If I'd been driving faster she'd have been killed)." Bradley sued the Sheraton Hotel in San Francisco claiming she'd had a heart attack while being stuck in an elevator sometime between July 4-8 1979 -- "Well, Marion Bradley has sued the Sheraton for emotional distress. She claims she had a heart attack in the elevator, and the experience was so devastating that she was late on a contract for the first time in her life, which harmed her professional reputation." So -I- got deposed, and the case eventually settled out of court. As it turned out, the lawsuit had not been Marion's idea, or Walter's, but that of their two companions, who dropped out of the suit as soon as it had been filed, and refused to be deposed. It looked to me as though, once they realized what serious trouble they could get into, they scurried for cover, and left MZB dangling in the wind. But Walter, who was incredibly gregarious, just found the experience of being deposed to be delightful -- here were people -asking him questions,- and writing down everything he said. He turned on the charm, and had a wonderful time." -- comments by Loren MacGregor at (January 22, 2000) Sometime in late 1979, "Locus" reported that Bradley had a mild stroke. Bradley elaborated on this between March-June 1980: "[It was] a momentary paralysis which my doctor called an 'Ischemic attack. It wasn't precisely a stroke, but a momentary paralysis which my doctor called an "Ischemic attack"— a stroke that didn't quite happen. After a multitude of difficult, sophisticated and rather unpleasant tests, culminating in an arteriogram, nothing very much was found wrong with me and they decided I didn't need further surgery. It took me considerable time to recuperate, but I'm working again, and feeling, all things considered, pretty well... I am now two books behind because of all the working time I lost." -- Darkover Newsletter #21 There was worry conveyed by enough fans about Bradley's health and the future of the Darkover books that this was addressed in the fall of 1980: "For those of you who have inquired about the future of MZB and of the Darkover books: Marion has recovered well from her illness (and asks us to thank you all for the cards, letters and such) and is 1011 pages into MISTRESS OF MAGIC, the novel about the women of Malory's King Arthur, Morgan le Fay, the Lady of the Lake, and such." -- from Darkover Newsletter #22 (October 1980) Bradley accidentally set herself on fire sometime before, but close to, August 1982: "THENDARA HOUSE is in work, but the writing was delayed by an accident to MZB during a candlelight service here In the Centre for Non-Traditional Religion, where her robe was set on fire and she suffered 2nd and 3rd degree burns to her left hand." -- from Darkover Newsletter #26 These were not the first times Bradley was set on fire. The first time occurred in the 1940s: "My teacher handled four grades and taught them all to read except two seriously handicapped kids who were 16 and 18 and had IQs somewhere in the low idiot range. These kids capped their school careers by setting me on fire one day — after which they were Sent Away." -- from her comments in Darkover Newsletter #50. In spring 1983, Bradley discontinues the Darkover Newsletter, citing among other things, her poor health: "I do not think I would have the strength to close this chapter in my life, whatever the toll it is taking on my failing health, the increasing age of which the only symptom is a chronic lowering of energy." -- Darkover Newsletter #27 Diana L. Paxson wrote that after the publication of The Mists of Avalon in 1983, Bradley's health took a turn for the worse: "Her health was also beginning to fail. To the heart trouble from which she had suffered for many years was added diabetes, and then a series of strokes." -- Bradley suffered a series of strokes in May 1987: "I had had not one but a couple of small strokes." -- see much more of her description at Darkover Newsletter Issue 37 (June 1987). Bradley accidentally set herself on fire sometime in 1987. From Elizabeth Waters Interview in 2008: "She participated in a lot of neo-Pagan rituals during those years, and one night she set her robe on fire when it brushed against a candle. (I was half-asleep in the back of the room, but I woke up fast enough when the girl representing the Maiden started screaming.) I took Marion into the house and started first aid, and then one of the guys drove us to the hospital." Bradley was in the hospital in November 1988: "I missed this [year's Darkover Grand Council Meeting] (I was in the hospital)..." -- her comment from Darkover Newsletter #43 (December 1988) "I hope to at future Darkover conventions; Thanksgiving in the hospital is cruel and unusual punishment." -- her comment from Darkover Newsletter #44 Bradley had a major stroke on October 30, 1989. Bradley herself describes the ordeal in detail in Darkover Newsletter #47 (December 1989). One excerpt: "I spent two weeks there with an IV in one arm, while I used the other to write part of THE FOREST HOUSE by hand in a notebook. Then I wound up in a rehabilitation hospital [in Philadelphia] for a couple of weeks, after which Jan Burke flew out and brought me back to a Bay Area hospital. I emerged a week ago, just in time for Christmas." This stroke was downplayed to the general public. From a fan on Usenet: "Just for your information, it was announced on GEnie that Marion Zimmer Bradley suffered another minor stroke while lecturing at Bryn Mawr, PA. She's currently in the hospital there, but the primary problem seems to be she's bored of being in the hospital. It definitely doesn't look serious." -- Marion Zimmer Bradley, November 19, 1989 From a fan on Usenet: "I got a letter from one of the people taking care of Marion Zimmer Bradley that I thought I'd pass along. They asked me to thank everyone who sent along get-well cards and letters to Marion. She's home, doing better and making good progress on her stroke, although the doctors are limiting her to no more than two hours of work a day. She hopes to be back up to speed soon, and I've been told that while she won't be travelling out of the Bay Area for a while, she will be doing some signings locally once she gets approval..." -- Marion Zimmer Bradley, January 1, 1990 Bradley has heart attack sometime between December 1989 and June 1990. In Darkover Newsletter #49 (June 1990), she tells of another close call with death and her intensive care hospital stay due to a heart attack. She is now off oxygen. In September 1990, Bradley wrote: "'The Forest House.' It's under contract to Viking and was sidetracked by 1) Earthquake 2) Stroke 3) Heart Attack, but it is now underway again." -- from Darkover Newsletter #50 "MZB was hospitalized three times this year (infected foot, heart attack, relapse of congestive heart failure), but she has staged a truly miraculous recovery." -- a comment by Elisabeth Waters in Darkover Newsletter #51 (December 1990) In December 1991, Bradley wrote: " I finally got through a year without either a heart attack or a stroke." -- "Darkover Newsletter" #55 (December 1991) When a fan wrote that he was disappointed in the novel 'Black Trillium." Bradley responded: "I had the stroke during 'Black Trillium.' Both Andre Norton and I made it clear that the book was fantasy and not science fiction and Julian May put all kinds of science fiction cliches in it. Both Andre and I were unhappy -- we were unable to protest effectively... my collaborators did what they thought best for it. I feel like a fake for signing a copy. -- from Darkover Newsletter #56 (March 1992) Bradley wrote in 1994: "Survivors of the near death experience, like me -- cardiac arrest when my daughter was born -- also tell much the same story. I've been living on borrowed time since her birth; I'll be content to go whenever the Lord wants me." -- from "Darkover Newsletter" #64 
In 1978, Bradley wrote of an early collaborator, Elisabeth Waters: 
In 1980, Bradley suffered one of her first serious health problems. She wrote: 
 
Bradley's sister-in-law, Diana Paxson, wrote in 2001, that the success of The Mists of Avalon (1983), while gratifying and exciting, was also an unexpected strain on Bradley: 
While her health issues were serious, this was initially downplayed "Just for your information, it was announced on GEnie that Marion Zimmer Bradley suffered another minor stroke while lecturing at Bryn Mawr, PA. She's currently in the hospital there, but the primary problem seems to be she's bored of being in the hospital. It definitely doesn't look serious." -- Marion Zimmer Bradley, November 19, 1989 "I got a letter from one of the people taking care of Marion Zimmer Bradley
that I thought I'd pass along. They asked me to thank everyone who sent
along get-well cards and letters to Marion. She's home, doing better and
making good progress on her stroke, although the doctors are limiting her to
no more than two hours of work a day. She hopes to be back up to speed soon,
and I've been told that while she won't be travelling out of the Bay Area
for a while, she will be doing some signings locally once she gets approval..." -- Marion Zimmer Bradley, January 1, 1990 . On October 30, 1989, Bradley's health took a much more serious turn for the worse when she had a moderate-to-major stroke. It is widely believed both among fans and sf/f industry professionals that after that date, most or all of the books published under her name were either collaborations or entirely ghostwritten by other individuals. Marion Zimmer Bradley and credit for collaborations, September 3, 2015 Some sources assert that Bradley was entirely unable to write after 1989. Evidence for this belief varies widely where specific works are concerned, sometimes amounting to little more than rumor & speculation, while in other instances collaborators received cover credits or other acknowledgement. In the case of at least one series, the copyrights were later reassigned to the second author. A close reading of credited editors and authors in some of Bradley's books show the quiet revisions in subsequent printings.
Bradley herself writes of being personally disappointed, and some challenges she faced, regarding her own books at this time. Bradley, regarding "Heir to Hammerfell and disappointment: "I've taken a clue from 'Heirs of Hammerfell' that the best character was the dog." -- from Darkover Newsletter #49 (June 1990) Regarding "Re-Discovery": " 'Re-Discovery' is being rewritten by Mercedes Lackey." -- comments by Bradley from Darkover Newsletter #55 (December 1991) When a fan wrote of his disappointment in 'Black Trillium," a co-written novel, Bradley responded: "I had the stroke during 'Black Trillium.' Both Andre Norton and I made it clear that the book was fantasy and not science fiction and Julian May put all kinds of science fiction cliches in it. Both Andre and I were unhappy -- we were unable to protest effectively... my collaborators did what they thought best for it. I feel like a fake for signing a copy." -- from Darkover Newsletter #56 (March 1992) 
Near the end of 1993, Bradley admits that Elisabeth Waters was writing at least some of her correspondence with fans. When a fan asked about the book "Black Trillium," Bradley appears to write a long answer, one that she then immediately attributes to Elisabeth Waters. It is an example of how with Bradley's declining health, it is very difficult to know who's words are whose, where those boundaries are, and when those boundaries started to be blurred: 
According to Mercedes Lackey, MZB had a "release form" and used it at least once: "[My] release form was copied wholesale from Marion Zimmer Bradley's fanfiction release form and covers the occasion when she used someone's idea (with their permission and signature) in one of her Darkover novels. It also covers the novels that another author finished after her death." Writing; archive link, posted in 2002, accessed September 26, 2016 
An undated interview with Rosemary Edghill mentions Bradley's health issues and describes the process Edghill followed as one such collaborator. Interview with Rosemary Edghill/reference link, accessed May 27, 2010 
A fan in 1997 wrote: 
From a 2000 discussion about Bradley's later books and "co-writers": 
From a 2006 discussion about MZB's later books and "co-writers":
In 2004, a fan speculated: 
For much more on Bradley's health issues, see Bradley's Health.
Elisabeth Waters wrote at length in 2008 about three 1990-1995 anthologies which include MZB's byline, but in fact, due to MZB's health, were written, either in part or entirely, by Waters herself: 
Deborah J. Ross who was awarded the official rights to continue MZB's Darkover books after MZB's death describes meeting MZB, and their collaboration. From an undated post on Deborah J. Ross' webpage:
 
The belief that Bradley was using uncredited and/or unacknowledged collaborators during this period is likely to have influenced fan and industry opinions regarding the subsequent controversy over Bradley's "lost" novel. If the most extreme accounts are correct -- that Bradley couldn't write at all after 1989, and that abandoning the novel cost "four years of work" -- then it follows that the lost work must have been a ghostwriter's, or not written at all. 
It was during this period that the famous fanfiction controversy occurred.
==The Controversy -- "Masks" is the Tipping Point==
Contraband was the name of a long-awaited novel by Bradley. 
===Starring Rafael Hastur and Rafael Syritis, or Dyan Ardais?===
Bradley made several contradictory statements regarding which character was to be featured in this book. In 1990, she wrote: "At present all I know about this one is that it covers the events in 'Heritage,' mentioned between Regis and Danilo; and is about Rafael Hastur and Rafael Syritis. No other details yet. from Darkover Newsletter #48 (March 1990) 
In 1992, she mentioned it would be Dyan Ardais: "I've finished 'Rediscovery' and 'Return to Darkover'... My next project was going to be 'Contraband,' the novel about Dyan Ardais I mentioned in the introduction to Elisabeth Water's [1991] story 'A Proper Escort' in 'Renunciates of Darkover.'" from Holes in My Yard (September 1992) 
===Pre-1992 Mentions of "Contraband"===
In March 1990, Bradley mentioned "Contraband," a proposed book, for the first time in Darkover Newsletter. The book was in note form, and possibly just a series of ideas. Bradley's letter to fans says she has recovered fairly well from her stroke.
In September 1990, Elisabeth Waters wrote: 
In July 1991, a story by Jean Lamb titled Masks was published in Moon Phases #12. Re: The infamous Marion Zimmer Bradley case. March 19, 2001 post by Jean Lamb to rec.arts.sf.written. Accessed September 30, 2008; WebCite Both Lamb's story "Masks," and Bradley's proposed novel are said to have focused on the character of Regis Hastur. 
In December 1991, Bradley wrote "'Contraband' hasn't been written yet. 'Return to Darkover' is half done. 'Re-Discovery' is being rewritten by Mercedes Lackey, whose approach to Darkover is a lot like mine..." from Darkover Newsletter #55 
In June 1992, nearly a year after "Masks" was published, Bradley wrote: "I never know what books I'm going to write until I've written them. At present, I'm finishing up 'Return to Darkover' and beginning "Contraband," about Rafael Hustur and Rafael Syrtis from 'The Hawkmaster's Son' in 'Keeper's Price.'"' from Darkover Newsletter #56 
Oddly, when a fan in September 1991 asked if Bradley read had read a Darkover story she sent her called "Holidays on Darkover, Part 1" and if she should send Part 2 and Part 3. Elisabeth Waters had an interesting reply: "Yes, We did receive Part 1 of "Holidays on Darkover." I myself have not read it.... but I do know that, after Mrs. Bradley saw it, it was sent to the "Marion Zimmer Bradley Collection" at Boston University. By all means, send Parts 2 and 3; that way the library will have the whole thing." from Darkover Newsletter #54 What makes this interesting is this is the first time Bradley's official depository in Boston is mentioned. This occurs just two months after the publication of Masks. This could mean that the conflict regarding "Masks" has already hit the fan, as it were, and that Bradley is now stepping back from supporting fan fiction.
===Some "Contraband" Background===
Bradley said several times that she read fiction in fanzines and kept abreast of things there. She wrote this in several flyers that stated submission guidelines for her DAW Darkover Anthologies. One example is this statement from a March 1992 submission guideline for Bradley's next offering: "Original stories only please - if your story has been printed in a fanzine, I've already seen and considered it." from Darkover Newsletter #56 (March 1992) 
It was also common practice, and an expected one, for Darkover fans to send copies of their fic to Bradley. Bradley had read Masks, and "then wrote a response to Lamb, commenting on what she thought worked and what didn’t, and closed saying she had enjoyed the book." The Angry!Textual!Poacher! Is Angry! Fan Works as Political Statements.”, Catherine Coker . Sometime before September 1992, The infamous Marion Zimmer Bradley case, 19 March 2001. Bradley offered Lamb a payment of $500 and acknowledgment in exchange for the use of Lamb's material in Bradley's work-in-progress. Lamb tried to negotiate different terms, but the parties were unable to reach an agreement. 
Nina Boal, editor of "Moon Phases," "described Lamb’s feeling as of being “convinced Marion wasn’t paying enough attention to Danvan. And it was like he was a real character, a person” whom she had to rescue from the author in order to “do right by him.” Private interview with Boal. November 26, 2009, quoted here: The Angry!Textual!Poacher! Is Angry! Fan Works as Political Statements.; archive link, Cait Coker 
"Masks" was offered for sale between June 1991 and at least June 1992, when it was then permanently pulled from ads. 
Contraband was never published.
==Points of Agreement==
Sources -- including Bradley herself -- agree that Bradley had in fact read Masks: "One of the fans [Lamb] wrote a story, using my world and my characters, that overlapped the setting I was using for my next Darkover novel. Since she had sent me a copy of her fanzine, and I had read it,..."Writers Digest, March 1993. Even if Lamb hadn't sent her story to Bradley, Bradley would have seen it. From the March 1992 submission guidelines for Bradley's next DAW Darkover Anthology: "Original stories only please - if your story has been printed in a fanzine, I've already seen and considered it." from Darkover Newsletter #56 (March 1992) Another example of Bradley's pro-active attention to Darkover fiction in zines: "Original stories only please — if your story has been printed in a fanzine, I've already seen it." -- from "Darkover Newsletter" #49 (June 1990) 
It is also generally agreed that Lamb had not read "Contraband," as it not only hadn't been written yet, it may have also only existed in outline form, if even that. It's also generally agreed that Bradley's initial offer to Lamb involved money and an acknowledgment or dedication in what would have been Contraband had the book been published. According to Moon Phases editor Nina Boal: "Marion did offer Jean a special dedication and also $500. Jean refused this, saying that she wanted a byline for the novel." Re: Contraband. July 19, 2003 post by Nina Boal to mzb_newsletter on Yahoo! Groups. Accessed September 30, 2008; WebCite and WebCite.
Nina Boal commented: 
Lamb's own statement is that: "I received a letter offering me a sum and a dedication for all rights to the text. I attempted at that point to _very politely_ negotiate a better deal." 
It's at this point that accounts begin to vary. 
In 1999, Patricia Mathews, a fan close to Lamb responded to another's fan's statement of the trouble that resulted when "... at least one Darkover fan... [claimed] credit for something that appeared in one of MZB's books." Mathews corrected her: 
Mercedes Lackey, widely regarded as a member of Bradley's 'inner circle' at the time, frames the offer in slightly different terms, saying that Bradley "liked the 'take' a particular fan author had on the situations and asked to use that spin on things for her book in return for the usual acknowledgement in the front of the book."“Fanfic”: force of nature, 26 April 2006; WebCite.
The different phrasing makes it unclear whether Bradley (or a hypothetical collaborator/editor) wanted to incorporate text from Masks directly into Contraband, or merely to draw on material from Lamb's work as back story/reference material in shaping her own narrative.
==Lawyers & Legalese==
There is no evidence of the fanfiction writer suing the author during this controversy.
Accounts of the negotiations between Bradley and Lamb are vague as to who may have first retained legal counsel (and for what reason). Bradley, again in the Writers' Digest letter, mentions "the cost of inconvenience of having a lawyer deal with this matter". She also writes several times of her lawyer's involvement in the Darkover Newsletter #58 that was published in September 1992. 
Lamb's account insists that she didn't initiate a conflict, at least not on receipt of Bradley's offer: "I did not threaten any sort of suit whatsoever; in fact, a few months later I received a letter from Ms. Bradley's lawyer threatening me with a suit should I be a bit too frank about Ms. Bradley's um, writing methods," This is contradicted by a statement Ann Sharp made to a fan who'd asked if Bradley had read the Darkover poem he'd sent to her. "You may not be aware that, as a result of an unfortunate incident two years ago, complete with threatened legal action, Bradley has had to forego the pleasure of reading fan material." from Darkover Newsletter # 66 (September 1994) Nina Boal also states that "Jean also became convinced (erroneously) that Marion intended to plagerize (sic) from her fan-written work about Danvan Hastur", and Robert Frieling's 2003 report quotes a representative of Bradley's estate to the effect that "the fan threatened to sue". Re: Contraband. July 17, 2003 post by Robert Frieling to mzb_newsletter on Yahoo! Groups. Accessed September 30, 2008; WebCite.
It's unclear, however, at what point or to what purpose Lamb may have sought legal representation -- and it's interesting to note that the alleged threat Lamb received from Bradley's counsel doesn't appear to involve a copyright action (or, indeed, to involve Masks directly at all).
==Marion Zimmer Bradley's Letters==
===1992 letter to the Darkover Newsletter: "Holes in My Yard"===
"Holes in My Yard," a September 1992 open letter by Bradley to the Darkover Newsletter #58, signals the end of Marion Zimmer Bradley's involvement with fanfiction:There is a note included after this letter:
===1993 Letter to Writer's Digest: "KEEP OUT OF MY YARD"===
In March 1993, six months after her letter to Darkover Newsletter, Bradley wrote a letter to Writer's Digest.
Writer's Digest titled the letter in bold, "KEEP OUT OF MY YARD.": 
== Comments by Jean Lamb describing the 1992 Events ==
=== 1999 Comments by Jean Lamb ===
From LOIS-BUJOLD Digest: 
=== 2001 Comments by Jean Lamb ===
Lamb's comments at rec.arts.sf.written:
=== 2011 Comments by Jean Lamb ===
Lamb's comments via email to a 2011 interviewer:
==So, Who Spiked The Novel?==
Sources disagree as to who made the decision not to publish Contraband. 
 
Again, there is no evidence of the fanfiction writer suing the author during this controversy.
===It Was DAW!===
The March 1993 Writers' Digest letter quotes Bradley as follows: "my publisher will not publish my novel set during that time period, and I am now out several years’ work." 
In 2008, Catherine Coker reported DAW Books had turned down Bradley's book: "Betsy Wollheim, Bradley's publisher and the wife Betsy was not Donald Wollheim's wife, but instead his daughter. of her late friend Donald, would not take the manuscript for publication. Bradley was left with two years of work now gone, an unprintable text, and very stung feelings. : archive link 
===It Was MZB!===
By contrast, a 2003 report from Robert Frieling cites correspondence from Bradley's estate: "I emailed the MZB estate about the status of Contraband recently and they said "No, CONTRABAND will not be published. Not enough of it was written down for anyone to finish it. Mrs. Bradley was still in the plotting stages when the fan threatened to sue and DAW Books refused to touch the book, so she went on to something else and never wrote any more of it. Too bad. Re: Contraband. July 17, 2003 post by Robert Frieling to mzb_newsletter on Yahoo! Groups. Accessed September 30, 2008; WebCite. 
Novelist Jim C. Hines reports in 2010 that "I’ve also spoken to Betsy Wo[l]lheim at DAW, who states that this was Bradley’s decision, not DAW’s".Jim C. Hines: Marion Zimmer Bradley vs. Fanfiction Accessed May 26, 2010; WebCite.
==Post-1992 and The Spin: Comments About "Contraband" in "Darkover Newsletter" -- The Fans React, and Marion Zimmer Bradley, Elisabeth Waters, and Ann Sharp Respond==
While Darkover Newsletter wasn't the only venue for fan discussion, it was the most public. In the internet era, it would have acted as Bradley's blog. It was in the newsletter that fans had access, or perceived access to Bradley and her spokespeople.
Below are all comments regarding "The Contraband Incident" that were published in "Darkover Newsletter." They are a representation of how this whole thing was presented to fans, and to other interested parties. Keep in mind that all comments were vetted by Bradley, Elisabeth Waters, or Ann Sharp and are therefore a filtered and pre-chewed picture of the public face of this controversy.
The common theme of these comments were: 
* extreme disappointment and anger over being denied a new official Darkover novel
* extreme disappointment and anger over being denied the opportunity to write for, and make money from, being in the DAW Darkover Anthologies
* all letters blame the fan, Jean Lamb
* two fans hesitantly ask why Bradley didn't just not use the fan's idea in "Contraband"
* several fans offer Bradley the use of their ideas and say they'd be honored if Bradley took them
* most fans took care to state that they were good fans, not bad fans
Holes in My Yard, an open letter from Bradley which gave her side of the "Contraband" controversy, was printed in September 1992 (Darkover Newsletter #58). This was the first time most fans learned of the controversy. 
All quotes below are from Darkover Newsletter.
===December 1992===
A fan commented: 
Bradley responded: 
===March 1993===
A fan wrote: 
A fan wrote: 
A fan wrote: 
Nian Boal, the editor of Moon Phases (the zine that the controversial story "Masks" was published in) wrote:
Bradley's response: 
===June 1993===
A fan wrote: 
Ann Sharp replied: 
Bradley responded: 
===September 1993===
A fan wrote: 
Elisabeth Waters wrote: 
Bradley said: 
===March 1994===
A fan commented: 
===June 1994===
===September 1994===
A fan complained that Bradley had not read his rewritten version of Ballad of Hastur and Cassilda and says: "I did not ask for credit of any sort, not even so much as the use of my name.... Therefore, I find it odd that you did not take the trouble to even read it... I should realize, at my age, that one's heroes and heroines often have feet of clay, but I expected better from you." Ann Sharp responded: 
===December 1994===
A fan asked: 
Ann Sharp wrote: 
Elisabeth Waters wrote: 
 
Bradley wrote: 
===June 1995===
 
===September 1995===
A fan wrote: 
==Lasting Consequences==
=== Other Authors Follow Suit===
1992 was a tumultuous time for fans of female professional fantasy writers and their fanworks, with Bradley leading the pack. 
* Anne McCaffrey had many struggles with fans and fanworks that used her characters and setting. McCaffrey's statement reposted to he FAQ list of the newsgroup alt.fan.pern (dated October 8, 1992), called "InterNet Pern rules": "The rules are that my characters may be referred to but not used. BUT there can be no adventure/stories set on Pern at all!!!!! That's infringing on my copyright and can bear heavy penalties - particularly right now when there's a film deal (yet another) which has bought and paid for the right to use the material - which, I fear, e-mail users have not. On CIS, I have asked people to limit Pern material to a discussion of their persona and dragons, fire-lizards, etc., in a diarist form. Fanzines have slightly more latitude as the zine is usually mailed only to members so that's limited publication, and a due copyright notice is included. As there is no such protection on electronic mail, we authors have to be insistent on these safeguards. I know this can be confusing since Paramount and Star Trek are handled differently, but that's the point: they are, and have been. Individual themes and characters of s-f/fantasy novels are not. And such indiscriminate usage of our characters, worlds, and concepts on a 'public' media like electronic mail constitute copyright infringement AND, which many fans disregard, is ACTIONABLE! Both the e-mail company AND the person. My publishers are most insistent on that point! So it's to safeguard the interested e-mail user that I make these very strong, and perhaps unpalatable points." also stated at Fan Fiction 
* Chelsea Quinn Yarbro, a writer of vampire fiction, was the Horror Writers Association's third President, and served from 1988 to 1990. When the "HWA" was founded, it was done with the plan to do "whatever it took to insure that HOWL would be (hopefully) immediately recognized as a professional writers organization, not 'a fan club' for side-show horror buffs." A Shockingly Brief and Informal History of the Horror Writers Association by Stanley Wiater, accessed October 31, 2016
 
* P.N. Elrod, another professional writer of vampire fiction (and then-active creator of fanworks in the Quantum Leap and Blake's 7 fandoms) cautioned fans in September 1992: "Berkley Publishing has an army of lawyers with nothing better to do than indulge in pricy lawsuits against plagiarists and copyright pirates and I would make use of their skills. I fully realize that fan stories are written for fun and out of admiration for a character or the excitement of a dramatic situation. On the other hand, if someone came up and decided to "borrow" your car out of a sense of fun or admiration or excitement you'd probably be more than annoyed at them and call the cops. The same principal applies." See the whole statement at Open Letter to FYI from Author P.N. Elrod.
* In December 1992, Mercedes Lackey published a long statement in Queen's Own. Queen's Own Newsletter. See I'm about to bring the cold, cruel, mundane world into our fun for a moment. Included is the first release form. Citing advice from her agent, Lackey withdraws support for most fanfiction based on her published works. From a discussion of her "Official Policy thingie": "Sorry to bring the cold, cruel world in here, but let me put it to you this way before any of you decide that I am being unreasonable, paranoid, or a control-freak. Would you walk into my house and take one of my pieces of jewelry? Would you help yourself to my bank account? Would you sit down to dinner with me at my invitation, engage me in pleasant conversation, then as soon as the meal arrived, take my plate away from me? That is precisely what you would be doing by deliberately messing things up for me. STEALING from me, after I have let you into my world. There is no graceful way to put it." I'm about to bring the cold, cruel, mundane world into our fun for a moment
=== An Often Cited Cautionary Tale: The "Urban Myth" Element===
 
The entire controversy has had lasting effects on the subject of transformative works. The case has been cited over and over again as a cautionary tale, cited by writers who object to fanfiction to one degree or another as evidence that professional authors should avoid reading, interacting, or "allowing" fanworks based on their published works.
The affair has become one of oft-repeated bits and pieces, the sometimes careless repeating of rumor, and the acceptance that this case is proof of the dangers and evils of fanworks.
Some of these comments contain truths, errors, rumors, and are included here both for context, as well as to illustrate the misinformation with which this subject is riddled, and the difficulty in sorting out what really happened.
====1992====
A discussion at rec.arts.sf.written: 
Mercedes Lackey said: 
====1993====
A discussion at rec.arts.sf.written:
====1994====
J. Michael Straczynski, Babylon 5's showrunner said: 
Alara Rogers said: 
====1996====
J. Michael Straczynski said: 
====1997====
Comment at alt.startrek.creative: 
A comment at old-archives/lois-bujold: 
Comments from a conversation in 1997 at alt.books.m-lackey: 
Comments from a conversation in 1997 at alt.books.m-lackey: 
Comments from a conversation in 1997 at alt.books.m-lackey: 
Comments from a conversation in 1997 at alt.books.m-lackey: 
====Mid-to-Late 1990s====
Elisabeth Waters said: 
====1999====
Patricia Mathews said: 
Comment at alt.books.david-weber: 
====2001====
Nina Boal commented: 
Another summary of events at Writers University: 
Comment by Shomeret at alt.tv.highlander: 
Comment by Leslie Fish at alt.tv.highlander: 
Conversation at at alt.fan.peter-david: 
Reposted Ann Sharp's Writing Guidelines: 
Comments by Terry Austin: 
====2002====
Mercedes Lackey said: 
Mercedes Lackey said: 
Another 2002 comment by Lackey at her official website, this one mentioning a rival agent procured by Jean Lamb, something that hadn't been mentioned before, nor again: 
====2003====
Joan Marie Verba, a fanfiction writer and a fan who'd had fiction published in both Darkover zines and the DAW Books, asked for information about what had happened: 
Diann Partridge responded to Joan Verba and others: 
Robert Frieling responded to Joan Verba and others: 
Louis DePasquale responded to Joan Verba and others: 
Diann Partridge responded to Louis DePasquale and others: 
Shalanna responded to Joan Verba and others: 
Diann Partridge responded to Joan Verba and others: 
Nina Boal, editor of Moon Phases responded to Joan Verba and others: 
Comments by J.L. Levine: 
====2004====
From a fan on FCL-L: 
====2006====
Wren said: 
 
Patrick Nielsen Hayden said: 
Teresa Nielsen Hayden said: 
Mercedes Lackey said: 
Mercedes Lackey: 
Comments by cschick: 
Raymond E. Feist said: 
====2007====
See this survey and four pages of comments regarding opinion about pro-canon creators' and fanworks opinions about: Robin Hobb, Anne Rice, J. Michael Straczynski , Marion Zimmer Bradley, Anne McCaffrey, J.K. Rowling, and others (2007) Icon maybe appropriate: fanfic and creator's wishes; archive page 1, archive page 2, archive page 3, archive page 4 
====2008====
Elisabeth Waters said: 
Diann Partridge commented on the legal fallout with respect to other Darkover authors:
A Mercedes Lackey fan named Tal Greywolf said: 
Catherine Coker said : 
====2010====
 
 
 
 
 
 
 
 
====2011====
 
 
====2014====
A fan named Rochelle answers a fan named Jane: 
====2019====
A fan in 2019: 
==Lasting Consequences: MZB Fanfiction Today== 
As of August 2014, fanfiction based on "The Mists of Avalon," "Darkover," and "The Catch Trap" number less than 30 at Archive of Our Own, and includes one with a comment by Elisabeth Waters warning of copyright infringement. "Unless this is intended as satire, it is an unauthorized derivative work. The right to PREPARE a derivative work, let alone post it on the Internet, is reserved to the copyright holder, which would be the Marion Zimmer Bradley Literary Works Trust. They have been known to file suit for this behavior, so if I were you, I'd take this down--at least until you can rewrite it do that it has nothing to do with The Catch Trap." -- comment by Elisabeth Waters left for a story at AO3 on February 16, 2012 
 
From a FAQ on her official website, updated in 2017:
 
 
While free-range fanfiction has been strongly discouraged and is thin on the ground, the MZB's literary trust supports some "fan novels" written and sold. "Darkover proved to have a life of its own: she continued writing stories set in that world until her death, and her fans have kept it alive ever since; the most recent fan novel was published in 2013..." from On This Day: Marion Zimmer Bradley Gave Us New Perspectives (June 3, 2014) The novel Tor Books is probably referring to is "The Children of Kings" WebCite for "The Children of Kings" and is marketed as being written by MZB and another writer.
==Where is "Contraband" Now?==
The dedication in the 2010 Darkover book, "Hastur Lord," by Deborah J. Ross is: "To Betsy Wollheim Wollheim was the publisher of many of Bradley's pro books via DAW Books. , who preserved what Marion had written until it was time to finish it."
Wollheim, however, was not granted the notes to "Contraband." It is Mercedes Lackey who is supposedly the keeper of the skeleton of Bradley's "lost" book. In March 1993, Bradley wrote, "I'm afraid that Contraband, the novel involved in this unfortunate affair, is dead — at least, for my lifetime. The fan tried to get Mercedes Lackey to read it but she refused, so it's possible that Misty could write it after my death. I'm leaving her the notes I made on it before I read the fan's story." Darkover Newsletter no. 60 In 2002, Lackey responded to a fan's question on her website: "2002 Q: You co-authored a Darkover novel. The ending of that book was a bit open-ended. I know that the Bradley estate has autorized [sic] one book already. Do you think ther [sic] would ever be another Darkover book? A: I have so many contracts out for my solo name that I don't have time to do another Darkover novel, and that's the honest truth. -- Ask Misty Archive: Writing; archive link (scroll down), accessed May 30, 3017 
A 2002 conversation among three fans at rec.arts.sf.written: 
 
Other authors have referenced Bradley's "notes" as they wrote official Darkover books. This was certainly the case with another of Bradley's books in note form: "The biggest news regarding MZB (at least for now) is the announcement of another Avalon novel to be written by Diana L. Paxson from notes left behind by MZB and a partial start that MZB wrote in the 80s. This new novel, which is worktitled THE ANCESTORS OF AVALON, will build a bridge between MZB´s THE FALL OF ATLANTIS and the rest of the Avalon series." -- New Avalon novel by MZB and Diana L. Paxson, February 8, 2003 Elisabeth Waters mentions Bradley's notes in her comments about Deborah J. Ross' 2016 Darkover book: "Deborah has a genius for taking Marion's notes (which were very brief for this book) and earlier books and producing a novel that Marion would be proud to put her own name on. I enjoyed this, and I'm looking forward to next year's novel." -- , March 30, 2016 
Despite Marion Zimmer Bradley's death many years ago, her name continues to appear, large and ghostly, on all new official Darkover books. But not "Contraband."
Human nature regarding curiosity, and profit, most certainly dictate that if there was enough of "Contraband" that was remotely viable, and there weren't other complications, "Contraband" would have been resurrected long, long ago.
==Other Sources of Investigations & Analysis==
FanWorks.org tried to assemble all available versions of the story on one page, but the compilation raises as many questions as it answers. accessed February 17, 2012 
Novelist Jim C. Hines, whose books are published by DAW, has also researched the case. His findings, together with his personal analysis of the issues, appear in a 2010 blog entry.
Catherine Coker wrote a symposium article about the incident for Transformative Works and Cultures Vol 6 (2011).Catherine Coker. The Contraband Incident: The strange case of Marion Zimmer Bradley, in Transformative Works and Cultures, Vol 6 (2011). (Accessed 15 March 2011) The article claims (without giving evidence) that Jean Lamb threatened to sue Bradley, but offers some interesting reactions to the fallout and quotes from an email by Lamb that is consistent with other accounts on this page.
The Darkover Newsletter page on Fanlore contains some primary information, as well as a multi-decade context, to the whole affair. See that page.
==Also See==
* Marion Zimmer Bradley
* Marion Zimmer Bradley Literary Works Trust
* Marion Zimmer Bradley Literary Works Trust and Unauthorized Fanworks
* Darkover
==Further Reading/Meta==
===By Bradley===
* Why Should I Encourage People to Write Darkover Stories? by Marion Zimmer Bradley (1978)
* Adventures in Reading Darkover Stories Without Having to Write Them First. by Marion Zimmer Bradley (1978)
* Marion Zimmer Bradley Discusses Influences of "The King in Yellow" and Accusations of Plagiarism (1982)
===By Others===
* Darkovans Invade Boskone! by Catherine Filipowicz (1978)
* alt.startrek.creative Something to consider: Marion Zimmer Bradley; archive (January 10, 1997)
* (2010)
* George R. R. Martin is wrong about Lovecraft by Nick Mamatas (May 8, 2010)
* The facts of the MZB case by opusculus (May 16, 2010)
* Rethinking the MZB case by opusculus (2010)
* The Contraband Incident: The Strange Case of Marion Zimmer Bradley by Catherine Coker, Transformative Works and Cultures (March 2011)
* A literary genre that may be a lawyer’s fantasy – Biederman Blog (2012)
* On This Day: Marion Zimmer Bradley Gave Us New Perspectives by Leah Schnelbach (2014)
* Okay, some fandom history, why show writers and authors say "for legal reasons" they can't read fan fic. by freifraufischer (2016)
==Notes==
==References==
Category:Darkover
Category:Marion Zimmer Bradley
Category:Scandals
Category:1992 Events
Category:Science Fiction Fandom Occurrences