Fan Fiction and Copyright: Outsider Works and Intellectual Property Protection
Fan fiction - stories and novels written by fans of existing characters, and shared mainly on the internet - has long been a nearly invisible form of outsider art, but over the past decade it has grown exponentially in volume and in legal importance. Because of its nature, authorship, and underground status, fan fiction stands at an intersection of key issues regarding property, sexuality, and gender. This book examines the various types of fan-created content, most of which are to some extent derivative works, and asks whether and to what extent they can be protected as transformative uses. Author Aaron Schwabach discusses disputes between authors and their fans over the latters' use of copyrighted characters, online publication of fiction resembling copyright work, and in the case of J.K. Rowling and a fansite webmaster, the compiling of a reference work detailing an author's fictional universe - a work that Rowling once praised and then succeeded, briefly, in suppressing. Offering more thorough coverage of many such controversies than has ever been available elsewhere, and discussing fan works from the United States, Brazil, Russia, India, and China, Fan Fiction and Copyright advances the understanding of transformative use and points the way toward a safe harbor for fan fiction.
What people are saying - Write a review
We haven't found any reviews in the usual places.
The World of Fan Fiction
The First Question Are the Underlying Works or Characters Protected?
The Second Question If the Underlying Works or Characters are Protected does the Fan Work Infringe upon that Protection?
Three Interests of the Author in Conﬂict with Fanfic
Fanfic The New Voyages
Other editions - View all
2d Cir Air Pirates Buffy Summers Campbell Chase-Riboud claim commercially published content owners copies or phonorecords copyright infringement copyright law copyright owner copyright protection court Darkover derivative Entertainment Ewok example factor Fair Game fan ﬁction fan sites fandom fanfic fanfic authors fanvids fanzine Fiction ﬁlm ﬁnd ﬁnding Gollum graphic Harry Potter Lexicon Hermione Ibid identiﬁable Internet J.K. ROWLING James Bond kzin kzinti Larry Niven last visited October last visited September literary Lost World Marion Zimmer Bradley movie Ninja Turtles Ninth Circuit novel original parody plaintiff protected by copyright public domain Ringworld Rowling’s Sally Hemings seems slash song Spade speciﬁcally Star Trek Stemberg’s story being told story elements sufﬁciently delineated Supp supra note Tanya Grotter Tarzan television trademark transformative tune U.S. copyright underlying Vander Ark visited October 19 Warner Bros Warner Brothers Wombles write Yemets