>> |
12/14/08(Sun)19:22 No.17146630>>17146539 What is fair use and how does it relate to Fan Fiction?
Answer:
The fair use doctrine says that otherwise copyrighted works may be used
for purposes such as criticism, comment, news reporting, teaching,
scholarship, or research. To decide whether a use is "fair use" or not,
courts consider:
(1) the purpose and character of the use,
including whether such use is of a 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; and (4) the effect of the use upon the potential market for or value of the copyrighted work.
Parody is also fair use.
Under
this doctrine, artists have been permitted to create and display their
art even if it uses copyrighted works of others. See Court Allows
Artist to Sell Barbie Art, for an example.
There is a strong
argument that many fan fiction stories are transformative since they
create a different persona and set of events for the character. To
create a new story cannot be seen as the same as posting video clips on
a website. There must be a balancing between protecting copyrights in
order to encourage innovation by authors and between allowing works to
be in the public domain to allow creative uses.
Whether a court
will view this as the case for a particular work of fan fiction depends
on how much of the story relies on copyrighted materials, whether the
story is sold, or affects the market for the copyrighted work, and
other factors. There is no easy answer to the question, which is why it
is often a good idea to consult a lawyer who can assess the particular
facts of your case.
FUCKING LEARN TO READ YOU DUMBFUCK |