Fan Fiction and Copyright

by Aaron Schwabach

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 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.

Genres: Nonfiction

184 pages, Hardcover

First published July 1, 2011

Reviews

[Emma Sea · Rating 4 out of 5]

Very clear and thorough explanation of how copyright works in relation to written texts. Something I think fanfic wwriters should read: they have far more freedoms than they often think they do. Also something writers should read: trademark your special creations, as copyright alone will not protect you from someone else using them.

[tabby · Rating 3 out of 5]

accessible and well explained. liked the examples utilised, even though they’re from the US (won’t stop me nicking some for my diss). underwhelming conclusion though, like the conversation throughout is productive but if you’re going to conclude with something to the effect of the law is very uncertain in this area and people don’t know their rights.. like babe can we have some reform suggestions perhaps? what are your proposals?

[Michelle Boyer · Rating 5 out of 5]

A really good overview of legal concerns surrounding fanfiction, transformative works, derivative works, intellectual property, copyright concerns, author concerns, fandom concerns, etc. Rife with some good examples to help explore different concepts.

[aj! · Rating 5 out of 5]

i read this in one sitting because i was enraptured by it. fandom and copyright law is my true crime

[Stacey · Rating 4 out of 5]

This was actually a really good examination of the complexities of this question. And the question is *very* complex. I don't think you have to be an IP lawyer to understand this book, but I do think it helps considerably to be a fan. It's a very sympathetic view of this, which can be hard to get.

[C-chan · Rating 5 out of 5]

A very insightful read on fanfiction and copyright, looking at the rights and wants of both sides. Although Schwabach is obviously a fan himself, he does try to show an objective view as possible, showing where there are still ambiguous gaps which will, in the future, need to be resolved.

[Becca Bacon · Rating 4 out of 5]

I now know way more about copyright and intellectual property than I ever thought I would.

[Allison Kuhl · Rating 4 out of 5]

Very interesting! Talks about some of the legal issues surrounding fan fiction. A little confusing but all in all a valuable source of information!