Copyright 101: A Brief Introduction to Copyright for Fan Fiction Authors
| Academic Commentary | |
|---|---|
| Title: | Copyright 101: A Brief Introduction to Copyright for Fan Fiction Authors |
| Commentator: | A.T. Lee |
| Date(s): | 1998 |
| Medium: | |
| Fandom: | has a Xena focus but applicable to all fandoms |
| External Links: | Copyright 101: A Brief Introduction to Copyright for Fan Fiction Authors |
| Click here for related articles on Fanlore. | |
Legal Fictions: Copyright, Fan Fiction, and a New Common Law is a lengthy 1997 journal article by A.T. Lee.
It was published to Whoosh! in 1998 and linked to at Working Stiffs in 2000 or 2001.
For context, see Timeline of Fanwork Copyright and Legality Meta.
Excerpts
Umm... You see, I'm so very deep in this fanfic writer's "closet"... What do I do?
Heh, you and me both! Here's the deal... For anonymous or pseudonymous work, the copyright period is 75 years after publication or 100 years after creation, whichever comes first. This is the case even if the general public knows who the real Author actually is.
If the Author later reveals her identity to the Copyright Office, then she can recover life + 50 years. Under normal circumstances, it's probably better to reveal your identity, but that's not always the case.
Oh, if you're simply using a diminutive of your real name, that's not considered a pseudonym.
Wait a minute! Will I incur Themis' wrath now? Can I disclaim all my wrongdoings?
Well, you can't derive your work from someone else's work or copyright her work without her permission. Therefore, technically, all fan fictions, which are derivative works (see, Sec. 4.1), are copyright violations. While many copyright holders turn a blind eye to such works (like our TPTB), they don't have to be so nice about it. In the end, it's completely up to the owner of the copyright to decide whether or not to enforce her rights, and prosecute the infringers. Whether or not she will be successful would depend on the availability of the fair use defense to the infringer. (See, Sec. 2.3).
Meanwhile, it often gets my "legal underwear in a wad" when I see disclaimers that say "infringement not intended". Strictly speaking, for fan fictions, there is infringement and the intention to infringe exists. I'm not sure what kind of disclaimer could exculpate that. You should, however, make it clear that you used the characters without permission, that you made no attempt to copyright those same characters, and that you're not using them for profit.
Fan Comments
This is a U.S.-centric legal-minded article that delivers precisely what the title promises, without sacrificing accessibility. (In other words, it's useful and easy to read. What more can you ask for?) [1]