Subject: On legality.
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Posted on: 2013-05-23 16:33:00 UTC

This has been argued back and forth a lot (see: The Battle of Goldberg). My understanding - and back when we had a resident lawyer (Jocelyn), she gave this interpretation - is that since fanfiction is non-profit, and is presented in such a way that it is impossible to assume it's the work of the original author, it is not a breach of copyright. If one attempts to charge money for (unlicensed) fanfic - such as that girl who tried to sell her Star Wars novel Another Hope on Amazon - then you're into 'you're taking money which might otherwise go to the creator' and 'people will think this reflects the creator's wishes'. Those are copyright violations (more the former, I think - the latter may be more of a moral objection).

This has been, as I say, argued back and forth a lot. I don't think there's a definitive legal ruling as yet - and to be honest, what that ruling turns out to be will probably depend on whether the copyright holders have heaps of money to throw at the case (since they will, presumably, be against fanfic - otherwise they wouldn't start the case in the first place!).

hS

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