![]() ![]() However, fanfic is currently in the news because the bestselling-series-slash-major-media-story Fifty Shades of Grey by E.L. Not only is profiting off fanfic disrespectful to the original author, but it weakens the fanfic author’s defense in any copyright claims. How Do Recent Developments Change the Fan Fiction Landscape?įor most of fanfic history, everyone understood that fanfic authors shouldn’t make money off their work. And of course, copyright issues are entirely different in other countries. In other words, legal challenges in regards to derivative works have limited precedents and aren’t black-and-white decisions. ![]() If the fanfic is purely non-commercial, the courts are more lenient than if the fanfic author attempts to profit off their work. ![]() The courts also take into consideration the marketing activities of the fanfic author. In general, the courts try to balance protecting copyright and allowing creative uses of copyrighted work. ![]() This means generic plots (boy meets girl) or characters (sidekick) are not copyrightable on their own, but that the main characters or specific plot details might have copyright protection in addition to the overall copyright of the original work. Aspects that are “distinctly delineated” are protected even if the general copyright for the story as a whole doesn’t apply. The Chilling Effects website states that the prevailing rule seems to be that the more detailed a character, setting, or plot is, the more those elements are copyrightable separate from the original work. The LegalZoom website advises users that derivative work “is a new, original product that includes aspects of a preexisting, already copyrighted work.” That “includes aspects of” phrase is similarly broad. copyright law defines derivative works as “work based upon one or more preexisting works.” That “based upon” phrase is pretty broad. copyright law, the original author has exclusive rights to develop derivative works based on their stories, characters, or worlds. Will someone else’s take on the story affect how readers feel about their characters? Will readers get confused between the real version and the fanfic version of events? What if a fanfic author’s version of the characters offends the original author? Is Fan Fiction Legal?Īccording to U.S. Most fanfic stories include a disclaimer stating that the characters and world belong to the original author and that no copyright infringement is intended.Įven so, some authors get uncomfortable when they think about those fanfic stories being shared with others. The fanfic authors post their version of the characters and world, and readers can comment on the story, giving feedback or encouragement. Websites such as exist for fans to share their stories. Most authors consider that feeling of connection a good thing. The fact that someone wrote fanfic for their work means that something about their story resonated strongly with readers. In that regard, many authors feel honored by fanfic. Or maybe they imagine the characters in a different situation. Maybe they wanted the story to end a different way. Maybe they relate strongly to a character. Some fans of movies, TV shows, and books want the story to live on in their head. What Is Fan Fiction?įan fiction (also known as fanfic) refers to stories written by fans about the characters, situations, or world of existing works created by others. Most importantly, we’ll talk about why authors should care. Let’s take a look at what fan fiction is, what it means to authors, and what they can-or should-do about it in regards to their work. For the first time, many authors are learning of the existence of fan fiction and wondering how it might affect them. Recent events have brought fan fiction out of the hidden realm of über-fans and into mainstream media. ![]()
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