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Fan fiction hosting sites like MediaMiner and Fanfiction.net have lists of authors whose fandoms are prohibited from their sites. [44] MediaMinder states, "This is a right they [the copyright owner] have as an author or owner of the work. No copyright owner has to allow fan fiction or even tolerate it."
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 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 ...
Furthermore, fan fiction published on AO3 is expected to be "noncommercial" – the author cannot legally make any money off of their fan fiction because they are using another author's characters, setting, etc. [38] AO3's nonprofit status prohibits it from commercializing works of fan fiction.
In some cases, the profits earned by the infringer exploiting the copyrighted material may exceed those earned by or potentially available to the owner. In these circumstances, the copyright owner can recover the infringer's profits if he or she can demonstrate a nexus between the profits and the infringing use. [93]
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Written as a fan fiction project for Lippert's wife and sons, the novel is set eighteen years after the end of the last official instalment in the series, Harry Potter and the Deathly Hallows, and describes the adventures of Harry Potter's son, James Sirius Potter, during his first year at Hogwarts.
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related to: can fan fiction be copyrighted