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- Infringement of copyrightFanfiction in its current form is an infringement of copyright. Fanfiction is defined by the use of characters and expression from an original creative work and the creation of derivative works, all of which is illegal under current copyright law (McCardle, 2003).medium.com/swlh/fanfiction-and-copyright-has-the-digital-age-rendered-copyrig…
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Legal issues with fan fiction - Wikipedia
Under U.S. copyright law, the legality of a given work of fanfiction will depend principally on three legal doctrines: (1) copyrightability of the underlying source work; (2) the derivative work right; and (3) fair use. See more
Fanfiction has encountered problems with intellectual property law due to usage of copyrighted characters without the original creator or copyright owner's consent. See more
Significant amounts of copyrightable creative works such as motion pictures, television programs, music, and computer gaming works are produced in the United States. … See more
Separate from the legal issues raised by fanfiction's interaction with copyright law, legal issues may also develop from United States trademark law.
Current federal trademark law follows the Lanham Act, otherwise known as the Trademark Act of … See moreMany countries, and some U.S. states, have laws governing rights of publicity. In the United States, rights of publicity are governed by state statutes and state common law, and thus vary from state to state. As a general matter, the right of publicity grants a … See more
In 2007 two UC Davis Law School professors argued in the California Law Review that "Mary Sue" fan fiction "that challenge the orthodoxy of the original likely constitute fair use". Citing Campbell v. Acuff-Rose Music, Inc.—which established that … See more
Some copyright holders have stated specific positive or negative attitudes towards fanfiction.
Examples
Studios, productions companies, and producers
Most major studios … See moreIn Great Britain, Discworld author Terry Pratchett, up until the point of his death in 2015, emphasized that he was careful not to read fanfics, and had voiced the opinion that "everything works if people are sensible" and didn't mind "so long as people don't put it … See more
Wikipedia text under CC-BY-SA license Is FanFiction Illegal? How Fandom Created A New …
Jan 18, 2024 · It is possible for fanfiction to not be liable for copyright infringement as long as it falls under fair use. The fair use doctrine permits the limited use of copyrighted works without getting permission from the copyright holder.
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Feb 4, 2021 · Is fanfiction technically legal? Not exactly, according to Kristina Butke from In Your Write Mind, any derivative works created without direct permission from the copyright owner is a violation of copyright. Things get a lot …
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Sep 25, 2020 · How far does it land on the spectrum of copyright infringement and how can one protect themselves from the same? What is Fan Fiction? Also known as fanfic, it is a genre of writing stories or creating plots by the fans of a …
Fan Fiction and Copyright Law - AEON Law
Jun 22, 2020 · The creation of “fan fiction” involves using characters, settings, and plot elements from works of popular fiction and media and creating new stories – without the permission of the copyright holders. Publishing fanfiction may …
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