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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.
The term fan fiction has been used in print as early as 1938; in the earliest known citations, it refers to amateur-written science fiction, as opposed to "pro fiction". [3] [4] The term also appears in the 1944 Fancyclopedia, an encyclopaedia of fandom jargon, in which it is defined as "fiction about fans, or sometimes about pros, and occasionally bringing in some famous characters from ...
In India, recourse can be had to trademark law which recognises that fictional characters enjoy goodwill, and provides relief for cases of ‘character merchandising’. ’. Character merchandising has been defined as involving the exploitation of fictional characters by licensing these fictional characters in the case of Star India Private Limited vs Leo Burnett (India) Private L
The Organization for Transformative Works offers the following services and platforms to fans in a myriad of fandoms: . Archive of Our Own (AO3): An open-source, non-commercial, non-profit, multi-fandom web archive built by fans for hosting fan fiction and for embedding other fanwork, including fan art, fan videos, and podfic.
The copyright law of the United States grants monopoly protection for "original works of authorship". [1][2] With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly.
Rebecca Tushnet. Rebecca Tushnet (born April 4, 1973) is an American legal scholar. She serves as the Frank Stanton Professor of First Amendment Law at Harvard Law School. Her scholarship focuses on copyright, trademark, First Amendment, and false advertising. In addition to her general scholarship, Tushnet is known for her fanfiction -related ...
Fan fiction is a written, remixed fiction that draws on the characters of the writer's fandom, in order to tell the fan fiction writer's own story, or their version of the original story. [66] Remix Culture relies on creators taking one work and repurposing it for another use [ 67 ] just as fan fiction takes an existing work and repurposes it ...
Archive of Our Own (AO3) is a nonprofit open source repository for fanfiction and other fanworks contributed by users. The site was created in 2008 by the Organization for Transformative Works and went into open beta in 2009 and continues to be in beta. [ 2 ] As of 1 September 2024, Archive of Our Own hosts 13,530,000 works in over 67,060 ...