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

Chapter titleLegal Issues in Online Fan Fiction
AuthorsSchwabach, A.
EditorsHobbs, R.
Abstract

Formally published content represents a tiny fraction of all created content. There are far more outsider creators (including fan authors) than there are insiders. A sufficiently well realized fictional world is one to which fans will want to return on self-guided adventures: fans explore their favorite worlds by creating fan works, and economics inexorably dictates that fans are more numerous than insider creators. The success of, say, Harry Potter depends on an audience of billions. Creating and sharing fan works is an important part of the process of enjoying a work of fiction; the ratio of Harry Potter fan works to canonical Harry Potter texts is probably over a hundred thousand to one. This chapter examines the unclear copyright status of fan works, beginning with an overview of fan works, then examines those works under U.S. copyright law, and finally seeks possible accommodation that can serve the interests of all.

Book titleThe Routledge Companion to Media Education, Copyright and Fair Use
Page range81-91
Year2018
PublisherRoutledge
Publication dates
Published2018
ISBN9781032095721
9781138638891
9781315637549
Digital Object Identifier (DOI)https://doi.org/10.4324/9781315637549-6

Related outputs

Copyright Law and Fan Works
Schwabach, A. 2023. Copyright Law and Fan Works. PhD thesis University of Westminster Westminster Law School https://doi.org/10.34737/w257w

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Schwabach, A. 2023. Publications for the PhD by Published Work "Copyright Law and Fan Works". University of Westminster.

Fan Works and the Environmental Law of Copyright
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Fan Works and the Law: Genre, Distribution, Reproduction
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Explore this book chapter

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.

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).

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

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