Fanfiction, a form of user-generated content that heavily borrows from the style, characters, settings and plot of an original work, has grown in popularity over the years. It has built communities on websites like Archive of Our Own, Fanfiction.net, and Wattpad. Often, questions are raised as to whether fanfiction infringes on copyrights. This article discusses various aspects of this ongoing debate.

The Concept of Copyright

Copyrights protect original works of authorship such as books, movies, and music. The law provides the copyright owner with the exclusive right to reproduce the work, distribute copies, perform and display the work publicly. Copyright infringement occurs when these exclusive rights are violated without the owner's consent.

Fanfiction, with characters and settings drawn from the original work, may seem to infringe these rights. However, the matter is not clear-cut and it depends considerably on how the work is used.

The Doctrine of Fair Use

The doctrine of Fair Use in the United States provides certain exceptions to copyright laws. Factors taken into consideration include: the purpose of the use, the nature of the copyrighted work, the substantiality of the portion used, and the effect of the use on the potential market for or value of the copyrighted work.

Fanfiction often claims Fair Use as a defense. It's argued that fanfiction is transformative, that is, it adds something new and does not substitute the original work, one of the key points in favor of Fair Use.

Legal Precedents

One of the most notable legal disputes involving fanfiction is the case of J.K. Rowling vs RDR Books, where RDR Books attempted to publish an unauthorized lexicon of the Harry Potter novels. The court ruled in J.K. Rowling's favor, stating that although the lexicon provided valuable insights, it did not sufficiently reimagine, transform, or extend the world she had created.

On the other hand, in the case of Suntrust vs Houghton Mifflin, the court ruled in favor of Alice Randall, the author of "The Wind Done Gone", a parallel novel to Margaret Mitchell's "Gone With the Wind". The court found that the transformative nature of the work represented a fair use of the original.

Fanfiction Websites and Copyright

Websites like Wattpad and Fanfiction.net allow users to publish their fanfiction. Their guidelines make it clear that while they allow and encourage fan creativity, they respect the rights of copyright holders. In the event of a claim of copyright infringement, these websites have an established process to address these claims.

Archive of Our Own, created by the Organization for Transformative Works, also allows users to publish their fanfiction. They have structured their Terms of Service and policies to protect both the author of the fanfiction and the copyright holder. They have avoided litigation by encouraging transformative works and responding proactively to complaints of copyright infringement.

Conclusion

The nature of fanfiction and its relationship with copyright is complex and has not been definitively settled in the courts. It is a field wherein the creativity of fans, the rights of original copyright holders, and the benefits of expansive cultural dialogue need to be balanced. This balance is best achieved through understanding and respecting copyrights, while allowing for transformational creation.

FAQ

Q: Does writing fanfiction infringe upon copyright?
A: It depends. If the fanfiction is transformative and does not financially harm the original work, it may fall under Fair Use and not infrede upon copyright.

Q: Can fanfiction be published?
A: Yes, but with caution. Websites like Wattpad, Fanfiction.net, and Archive of Our Own allow for the publication of fanfiction, but they have guidelines to protect the rights of copyright holders.

Q: Has anyone been sued for writing fanfiction?
A: The most notable case involving fanfiction litigation is J.K. Rowling vs RDR Books, where RDR lost. However, this was due to the lexicon’s lack of transformative quality, not because it was fanfiction.

References

[1] Keller, James (2012) "Why Professor Jenkins Is Wrong About Fanfiction". Journal of Popular Culture, 45:6 pp. 1291�308. Brill Publishing.

[2] Tushnet, Rebecca (2007). "Payment in Credit: Copyright Law and Subcultural Creativity". Law and Contemporary Problems 70:135-174. Duke Law.

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