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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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