Fanfiction Copyright Cases

Oleh Paper Juli 01, 2021 Posting Komentar

Copyright laws and case law as its basis. Stouffer alleged that the Harry Potter books infringed her copyrights and trademarks in a number of ways including because one of Stouffers books had a race of beings called Muggles and another had a protagonist whose name rhymed with Harry Potter and who wore glasses.

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Should fan fiction authors be required to obtain a licence to reuse charac-.

Fanfiction copyright cases. The fly in the ointment is that fan fiction deals with legally protected works. Even though this article is based on credible legal sources it does include parts. Anyone who wants to assert any copyright violation to fan fiction obviously does this out of a gut-feeling and not with any basis in law.

As was confirmed in the recent Catcher in the Rye case characters can be granted copyright protection as can many other non-expression elements of the original work. Fan fiction might of course violate trademarks. Perhaps the most famous case of copyright infringement is that of Battlestar Galactica who apparently borrowed a little too much from Star Wars.

Galactica was produced in the wake of the success of the 1977 film Star Wars. This paper focuses on copyright in the context of fanfiction it emphasizes the right to make a derivative work. The Divine Comedy.

Star Wars vs Battlestar Galactica. Unable to find a single case expressly discussing copyright issues in the context of fan fiction what I eventually compiled for Blastr was a list of published cases that teach us some valuable lessons applicable to fan fiction. A notable court case which made it up to the United States District Court was between a Swedish fanfiction writer whose work featured a 76-year-old version of Holden Caulfield from JD.

Indeed some copyright owners are attempting to introduce licensing systems specifically for this type of character reuse. A derivative work is defined in the copyright statute as. This article intends to inform about the difficulties regarding copyright in fanfiction and the rights of fanfiction authors in general.

The entire piece is a work which follows the path of people through their daily lives on to redemption. As the author of the seven Harry Potter novels and their two companion books that right in this case naturally belongs to JK. Salinger author of The Catcher in the Rye filed a copyright infringement lawsuit against Fredrick Colting who wrote 60 Years Later.

This is doubly the case when they publish their work for others to enjoy. And sci-fi author Jerry Pournelle starring on a guest panel in This Week in. The Blastr piece Star Trek Axanar and the Future of Fan Fiction by Dany Roth is available here.

Shes suing Stockett for 75000 in. One of them is Ablene Cooper a 60-year-old maid who claims the character Aibileen Clark is an unpermitted appropriation of her name and image. The foregoing demonstrates that the copyright owner owns the story.

In some jurisdictions fan fiction might be protected as a form of parody under fair dealing or fair use but this will not always be the case. 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. Only under certain circumstances fair use right to quote fanfiction is legally admissible without the consent of the author.

This means that under copyright law a copyright holder can prevent a fanfiction writer from legally using the copyright holders settings or characters for their fanfiction. While derivative and transformative works are technically protected under. Therefore analogous copyright law must be examined to predict how courts would decide an infringement case based on the creation of fan fiction.

Salingers novel The Catcher In The Rye. The Inferno depicts the way in which man stumbles and falls from. Fanfiction the act of writing original stories based on someone elses creative work exists in a sketchy legal space.

By writing stories featuring someone elses characters fan fiction authors are treading on risky legal ground. However some exceptions exist of when fanfiction writers may be in the clear to use copyrighted parts for their derivative works because there are exceptions granted through fair use and general permission from the author. In fact it depends on the author if he is actually enforcing his.

Stouffer lost her case but more recently the estate of the late author Adrian Jacobs sued Rowling for copyright infringement alleging that plot points and characters in Harry Potter and the Goblet of Fire were stolen from Jacobs book The Adventures of Willy the Wizard. This is furthered that most fan creations are built upon plot elements and other copyrightable parts of the original material. Unable to find a single case expressly discussing copyright issues in the context of fan fiction what I eventually compiled for Blastr was a list of published cases that teach us some valuable.

Copyright infringement lawsuits are usually triggered when fan fiction is published for commercial profit. A work based upon one or more preexisting works such as a translation musical arrangement dramatization fictionalization motion picture. Some have even exercised their right as the content owner to sue fanfiction writers for copyright infringement on the basis that the fanfiction does not follow fair use.

An oblique mention of fan fiction22 As a result a copyright infringement claim against a fan fiction author would be a question of first impression for any court considering it. Coming Through the Rye under the pseudonym John David California. The oldest book by far in the list The Divine Comedy is a piece of prose detailing Dantes decent through the Inferno Purgatory and then to Paradise.

But like most rights even constitutional ones that.

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