Category: Fanfiction Legalities

What Are Potential Legal Issues With Fanfiction?

Fanfiction is generally a write up written by some fan of a specific character from a popular cartoon series, any film or television serial. It can include novels, books and also some picture based liners according to the writers. They have to use the characters with their copyrights and can narrate their work and words in collaboration with these characters. They can take any famous character of their choices and portrait them with some of their imagination with words. They can take any of their desired characters from anywhere they like or admire and in fan fiction generally they experiment with the characters as per their imagination like weave new stories around them or write about them in their words. It can be influenced from fictional and non-fictional subjects both and can be based upon films, video games characters, and books, serials or novels characters. It was not so popular before the digitalization like it was a normal thing to copy the characters that were popular in that time of plays or films and make plays or videos on those characters but after the digitalization it became very popular. World wide web took this to storm as all the contents of the novels and books at the digital platforms, in fact one – third part of these contents comprises fan fiction as more the digital techniques are being evolved more the fan fictions are being experimented with their work. There are certain fan fiction archives also now online which we can find there. Fanfiction is can be understood by some example, like if there is a famous publishing house who publish books and novels or comics of children can sell their media properties to another publication house with license and some sharing profit, and the new one can publish their work and books with their name and handle with the same characters and new fictions available.

Legal issues:

Fanfiction also faced some legal issues because of the use of copyright characters. When the fans use these characters for their fiction without any knowledge of the main creator it becomes an illegal issue. Without taking permission of the owner of the character and using it into their own creation without their consent, it is obvious that the main creator of that character or the owner of that specific character can take any legal action against them as per the copyright laws. There are many laws that are made for not misusing any creation for fanfiction. Like one who is using any character for fiction must take the copyright ability from the source person of that particular work. Despite this the one must have the derivative work right from the owner to use his or her work for their own creation in fan fiction. There are also some policies regarding this that you must assure the underlying source owner that you are using his or her character or work in fair use and must give the basic copyright credit to the owner. Like there were certain issues that reflected that the fan fiction creators misuse the work and it can ruin the image of the resourceful person. All of these laws and rules are being applied on all the criteria including published work like books and novels, films, videos, plays, television characters and also for motion and graphic pictures as per in the digital scenario of present time. As we all know that with advanced technology people can also misuse the contents anywhere in the digital or online world and sometimes it cannot be caught or be identified so quickly. There are also some content policies that make the owner or main creators work safe with some advanced copyright techniques so that anyone can not copy their hard work without their knowledge. The fan fictionist must seek their permission to use their work or characters with the derivative copyright from the creators.

Fair Use:

Some of the copyright courts and juries also decide the fan fiction policy copyright on the basis of fair use of that or not. Like if the fan fiction artist is not giving the decided or marked share with the owner so it comes into the illegal substantial issue to take some action against him or her as per the laws the owner can give you the right to use their character or work with some terms of amount or share with him or her. Secondly it depends on the purpose or nature of the work which is being used with the terms of copyright. As if it includes any inappropriate use of the work that is giving any bad impact on society or portraying the character in any bad manner that it can be fired under the illegal copyright policy with the misuse of the work or content and character given. Despite these laws there are laws that also see whether it is in any commercial use or not. People also make fan fiction for nonprofit use and also sometimes for some financial or commercial growth or productivity. So fair use law can be applied to them if the owner is aware or not about this and has his consent or not for this. Some policies also have the right to control the financial, commercial or economical use of the famous characters by their owners or creators. They can decide it under the right of publicity which allows anyone to take control of the characters name and images too. They can also have the right to see or control the characters fame, likeliness and popularity. With the implement of these laws most of the publication agencies throughout the world allow their work for use of fan fiction under some specific circumstances because by giving the right with some share of profit they can tolerate the fan fiction as sometimes it can be a reason for more popularity for their characters but some companies and creators even in the present time does not allow this and take it as a illegal issue regarding their work.

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