I think I have revised my opinion on Fan Fiction. For a long time, I felt like Fan Fiction was not a very polite way of showing your appreciate of an author. The Harry Potter erotica fics being the highlight of these examples. However, I think I have finally worked my brain around copyright law in a way to argue that fan fiction is, in fact, fair use. This is the text I'm working from. The statue states that, in order for something to be fair use, it must consider these things:

1.) The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes.
2.) The nature of the copyrighted work
3.) The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4.) The effect of the use upon the potential market for, or value of, the copyrighted work

Typical exclusions include satire and educational use. For instance, in satire, you can borrow heavily from the work you are making fun of. The nature of the work inhibits your ability to ask about it. In educational settings, you can copy chapters out of a book so long as it is only for educational use.

So, for fan fiction to qualify under fair use, you must simply see it as an educational exercise wherein the nature of the work places it under a special status. Fan fiction is a way for a novice writer to practice emulating the written voice of another person. This is very important in developing your skills as a writer. The online forum is a way for that developing skill to be critiqued and molded. Therefore, if you are writing fan fiction only for the purpose of enhancing your ability to write, I would say that you are within the fair use agreement. When you start selling it and/or impinging on revenue of the original author, you have become a big author and you need to get your own ideas.

Huh. I've never thought about the legality of fan fiction before. I guess I always figured it didn't matter, since it's not commercialized.
» randomjunk on 2012-10-23 11:51:40

Name.

URL.

[to enter your email, use "mailto:[email protected]"]
Subject.

Comment.

Word verification.

Copy the first 4 characters only.

If you are a member, try logging in again or accessing this page here.