ニュース Why is fanfiction legal?. トピックに関する記事 – Can fanfiction be illegal
Under U.S. copyright law, the legality of a given work of fanfiction will depend principally on three legal doctrines: (1) copyrightability of the underlying source work; (2) the derivative work right; and (3) fair use.Going a bit further, it is also useful to note that copyright law extends to fanfiction authors. These creators own the copyright to the content they added to the original work, just as the commercially published authors continue to own the content they created.In most cases, fanfiction involves using someone else's copyrighted work (or portions of it, like characters, setting, etc.), which can technically be copyright infringement, because copyright law grants the holder exclusive right to control how the work is used and distributed.
Why does fanfiction existMost often, either because they want more of the same story when the author of the original work is finished with it (or the series is canceled, or there are no sequel movies), because they don't like the way the author did something and want to write the story differently, or because they are intrigued with characters …
Is real person fanfiction legal
It has not so far ever been contested in court that it is not, but that doesn't mean it's expressly legal. About RPF they say, Writing RPF (real-person fiction) never constitutes harassment in and of itself. However, Content that advocates specific, real harmful actions towards real people is not allowed.Most authors are fine with fanfiction of their work, as long as they are not sold commercially. Some authors are even flattered by the thought of having fanfics written about their works. However, due to legal reasons, original authors might not be able to read or acknowledge fanfictions.
How is AO3 legal
When it comes to AO3, specifically, all fan fiction published through the site is largely protected through the Fair Use doctrine, despite the fact that US Copyright Law only grants the author of the original publication the right to create any derivative works.
Fanfiction also tends to get somewhat of a bad reputation, due to the fact that it isn't written by “real” authors, and that it borrows pre-existing characters.
Is it okay to read fanfiction
So assuming it's not interfering, of course it's not bad. The only bad thing about fanfiction reading is you could possibly mix up fanon and canon… that's it. It's not bad or inappropriate to read fanfiction and anyone who tells you otherwise is gatekeeping.Sexual fiction *writing* is legal because it is fiction. You may get into trouble for visual depictions, including cartoons, but writing about underage sex, or rape for that matter, is no different than writing about murder.She is ok with fanfiction as long as you don't make money with it. In an interview she also did say one time that she is happy if people discover or hone their abilities by creating fanfiction.
Because AO3 isn't based in the country you live in, and it is only beholden to the laws of the country where it is based. In the US, it is legal to write fiction containing controversial themes such as underage sexual content- and fanfiction is transformative works of fiction.
Is AO3 in dangerDue to recent confusion, the OTW would like to clarify that AO3 is NOT in any immediate danger.
What should you avoid in fanfiction
- Overusing metaphors and other stylistic tricks.
- Characters narrating their emotions or fan theories.
- Unrealistic dialogue.
- Making the character OOC to suit plot needs.
- The character who knows it all.
- Secondary characters all being obsessed with the main characters' love story.
Is it OK to write fanfiction for yourself
If you're a big fan of a certain fictional universe, you may choose to write about some of its characters yourself, either expanding the official story or changing it altogether.
As far as reading fanfiction, it's somewhat the same. When a book series, or TV show you were watching comes to an end, it's pretty normal to want to re-live it again by reading or writing fanfiction. Your never too old for a good old fanfic. I was writing fanfiction in my 40s.When it comes to AO3, specifically, all fan fiction published through the site is largely protected through the Fair Use doctrine, despite the fact that US Copyright Law only grants the author of the original publication the right to create any derivative works.This all started because fans were upset about their idol being portrayed as having gender dysphoria. Because it contains explicit content and got mass reported. One major argument people made to the authority for its ban is it contains “underage sex” content.