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Originally Posted by tompe
I have not seen the pevious discussion but does that not depend on the country and the content? For example
http://chillingeffects.org/fanfic/faq.cgi
is pretty clear about that it is wrong to say it is unquestionable not legal. It seems that the answer always is "it depends" and that sexually explicit fan fiction is legal in US.
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If you mean that it is legal as opposed to any other form of fanfic then no, you are wrong.
The main reason that fanfic continues to exist is that the creator is in a catch-22. If it is allowed, then should the creator ever have to sue for copyright infringement it will come up and potentially weaken the case. At least, that's what the lawyers will say. If the creator tries to stop the fanfic, one consequence will be serious damage to the creator's reputation, and thus a loss in sales.
P.S. This topic has come up in the interviews of a number of different content creators. They all said basically the same thing.