Legality
Fan fiction is a derivative work under United States copyright law.
Some argue that fan fiction does not fall under fair use. The 2009 ruling by United States District Court judge Deborah A. Batts, permanently prohibiting publication in the United States of a book by a Swedish writer whose protagonist is a 76-year-old version of Holden Caulfield of The Catcher in the Rye, may be seen as upholding this position regarding publishing fan fiction, as the judge stated, "To the extent Defendants contend that 60 Years and the character of Mr. C direct parodic comment or criticism at Catcher or Holden Caulfield, as opposed to Salinger himself, the Court finds such contentions to be post-hoc rationalizations employed through vague generalizations about the alleged naivety of the original, rather than reasonably perceivable parody."
Others such as the Organization for Transformative Works uphold the legality of non-profit fan fiction under the fair use doctrine, as it is a creative, transformative process.
In 1981 Lucasfilms Ltd. sent out a letter to several fanzine publishers asserting Lucasfilm's copyright to all Star Wars characters and insisting that no fanzine publish pornography. Lucasfilm did not want the family-friendly aspect of the story and characters to be corrupted, despite the obvious draw that explicit content has for the fans. The letter also alluded to possible legal action that could be taken against fanzines that did not comply. Later that year, the director and legal counsel of the Official Star Wars Fan Club sent fanzine publishers a set of official guidelines. Lucasfilms supported fan publications contingent on their upholding these guidelines.
The Harry Potter Lexicon is one case where the encyclopaedia-like website about everything in the Harry Potter series, has moved towards publishing and commercializing the Lexicon as a supplementary and complementary source of information to the series. Rowling and her publishers levied a lawsuit against the website creator, Steven Vander Ark, and the publishing company, RDR Books, for a breach of copyright. While the lawsuit did conclude in Vander Ark's favor, the main issue in contention was the majority of the Lexicon copied a majority of the Series' material and doesn't transform enough of the material to be held separately from the series itself.
While the HP Lexicon case is an example of Western culture treatment of fan fiction and copyright law, in China, Harry Potter fan fiction is less addressed in legal conflicts but is used as a cultural and educational tool between Western and Chinese cultures. More specifically, while there are a number of "fake" Harry Potter books in China, most of these books are treated as addressing concepts and issues found in Chinese culture. This transformative usage of Harry Potter in fan fiction is mainly from the desire to enhance and express value to Chinese tradition and culture.
In recent years, several prominent authors have given their blessings to fanfiction, notably J.K. Rowling. Rowling said she was "flattered" that people wanted to write their own stories based on her "fictional" characters. Similarly, Stephenie Meyer has put links on her website to fan fiction sites about her characters from the Twilight series. The Fifty Shades trilogy was developed from a Twilight fan fiction originally titled Master of the Universe and published episodically on fan-fiction websites under the pen name "Snowqueen's Icedragon". The piece featured characters named after Stephenie Meyer's characters in Twilight, Edward Cullen and Bella Swan.
However, Anne Rice has consistently and aggressively prevented fan fiction based on any of her "fictional" characters (mostly those from her famous Interview with the Vampire and its sequels in The Vampire Chronicles). She, along with Anne McCaffrey and Raymond Feist, have asked to have any fiction related to their series removed from FanFiction.Net. George R.R. Martin, who was selected by Time magazine as one of the "2011 Time 100" and is most famous for his epic fantasy series, A Song of Ice and Fire, is also strongly opposed to fan fiction, believing it to be copyright infringement and a bad exercise for aspiring writers.
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