Fan Fiction and Copyright: Outsider Works and Intellectual Property Protection

Schwabach, A. 2011. Fan Fiction and Copyright: Outsider Works and Intellectual Property Protection. Ashgate.

TitleFan Fiction and Copyright: Outsider Works and Intellectual Property Protection
AuthorsSchwabach, A.
Abstract

As long as there have been fans, there has been fan fiction. There seems to be a fundamental human need to tell additional stories about the characters after the book, series, play or movie is over. But developments in information technology and copyright law have put these fan stories at risk of collision with the content owners’ intellectual property rights. Fan fiction has long been a nearly invisible form of outsider art, but over the past decade it has grown exponentially in volume and in legal importance. Because of its nature, authorship, and underground status, fan fiction stands at an intersection of key issues regarding property, sexuality, and gender. In Fan Fiction and Copyright, author Aaron Schwabach examines various types of fan-created content and asks whether and to what extent they are protected from liability for copyright infringement. Professor Schwabach discusses examples of original and fan works from a wide range of media, genres, and cultures. From Sherlock Holmes to Harry Potter, fictional characters, their authors, and their fans are sympathetically yet realistically assessed. Fan Fiction and Copyright looks closely at examples of three categories of disputes between authors and their fans: Disputes over the fans’ use of copyrighted characters, disputes over online publication of fiction resembling copyright work, and in the case of J.K. Rowling and a fansite webmaster, a dispute over the compiling of a reference work detailing an author's fictional universe. Offering more thorough coverage of many such controversies than has ever been available elsewhere, and discussing fan works from the United States, Brazil, China, India, Russia, and elsewhere, Fan Fiction and Copyright advances the understanding of fan fiction as transformative use and points the way toward a safe harbor for fan fiction.

Year2011
PublisherAshgate
Publication dates
Published05 Jul 2021
ISBN9780754679035
9781315581965
Digital Object Identifier (DOI)https://doi.org/10.4324/9781315581965

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Explore this book

Fan Works and the Environmental Law of Copyright
Schwabach, A. 2022. Fan Works and the Environmental Law of Copyright. Tulane Journal of Technology & Intellectual Property. 24, pp. 141-167.

Bringing the News from Ghent to Axanar: Fan Works and Copyright after Deckmyn and Subsequent Developments
Schwabach, A. 2021. Bringing the News from Ghent to Axanar: Fan Works and Copyright after Deckmyn and Subsequent Developments. Texas Review of Entertainment and Sports Law. 22, pp. 37-82.

Legal Issues in Online Fan Fiction
Schwabach, A. 2018. Legal Issues in Online Fan Fiction. in: Hobbs, R. (ed.) The Routledge Companion to Media Education, Copyright and Fair Use Routledge. pp. 81-91

Fan Works and the Law: Genre, Distribution, Reproduction
Schwabach, A. 2017. Fan Works and the Law: Genre, Distribution, Reproduction. in: Gelder, K. (ed.) New Directions in Popular Fiction Palgrave Macmillan. pp. 405-424

Reclaiming Copyright from the Outside In: What the Downfall Hitler Meme Means for Transformative Works, Fair Use, and Parody
Schwabach, A. 2012. Reclaiming Copyright from the Outside In: What the Downfall Hitler Meme Means for Transformative Works, Fair Use, and Parody. Buffalo Intellectual Property Law Journal. 8 (1).

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