Intellectual Property
Jan. 22, 2024
When fandom and copyright infringement collide
A recent legal decision reinforces copyright protection for J.R.R. Tolkien’s original works against fan fiction dupes.
Navigating the waters of fan fiction can be tricky, though not from a legal standpoint. Generally speaking, if a fan writes a novel, makes a film, writes a song, etc., using the setting, characters, and other canon of the work – which is the focus of the fandom, assuming no commentary on or other fair use of the underlying work – it infringes the copyright in that work. Despite the clarity of the law, fan fiction thrives.
Why? Creators of...
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