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For this reason, in fanfiction, making a successful case for trademark infringement is more difficult than for copyright infringement. An additional defense to trademark infringement or dilution relies on the First Amendment guarantee of freedom of speech. Courts have shown reluctance to curtail creative uses of trademarks in expressive works.
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.
Accordingly, copyright protection did not prevail. The holding in Warner Bros. case came to be known as the Sam Spade Test, this approach does not allow for copyright protection if the character is a “mere chessman in the game of storytelling.” On the other hand, if the character is central to the story, then it will be copyrightable.
The court said that in the case of copyright infringement, the province guaranteed to the copyright holder by copyright law – certain exclusive rights – is invaded, but no control, physical or otherwise, is taken over the copyright, nor is the copyright holder wholly deprived of using the copyrighted work or exercising the exclusive rights ...
Fantasy sued Fogerty for copyright infringement, claiming that "The Old Man Down the Road" was essentially the music to "Run Through the Jungle" with new words. The case was litigated through a jury trial, and the jury found in Fogerty's favor, rejecting the claim of infringement.
Fan fiction is the most widely known fan labor practice, and arguably one of the oldest, beginning at least as early as the 17th century. [4] [5] Fan fiction stories ("fan fic") are literary works produced by fans of a given media property, rather than the original creator.
A copyright owner may bring a copyright infringement lawsuit in federal court. Federal courts have exclusive subject-matter jurisdiction over copyright infringement cases. [75] That is, an infringement case may not be brought in state courts. (With an exception for works not protected under Federal law, but are protected under state law, e.g ...
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 ...