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  3. While on their face, these fanfiction communities may seem like harmless outlets for fans, existing copyright doctrine actually renders much of these works as infringements of copyright. The problem is that most fanfiction could be characterized as derivative works of other already existing original works, as defined in 17 U.S.C. § 101.
    jipel.law.nyu.edu/is-fanfiction-legal/
    If a fanfiction falls under the "fair use" exception, it is considered legal. In order for a work to be considered fair use, the law considered three factors: the nature of the copyrighted work; the portion of the work used; and the effect of the use upon the potential market for or value of the copyrighted work.
    www.fanficable.com/post/is-fanfiction-illegal-or-legal
    But even with its popularity amongst media consumers, fanfiction is still an unauthorized activity, which means no fanfiction should be taken as part of the official media or used for profit, lest the fic writer risks getting taken to court for copyright infringement.
    bookstr.com/article/is-fanfiction-illegal-how-fandom …
    In most cases, fanfiction involves using someone else’s copyrighted work (or portions of it, like characters, setting, etc.), which can technically be copyright infringement, because copyright law grants the holder exclusive right to control how the work is used and distributed. However, there are many instances in which fanfiction is legal.
    novelpad.co/blog/is-fanfiction-legal
     
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    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

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    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 more

    Many countries, and some U.S. states, have laws governing rights of publicity. In the United States, rights of publicity are governed by state … 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, … See more

    In 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

     
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