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Originally Posted by citac
Like I said, I'm far from an expert, just someone who has enjoyed many transformative works over the years. But I thought there was more difference between a derivative and a transformative work.
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Laws vary, but generally, DW is a very broad term and covers everything that derives from an earlier work, including transformative works and format shifted works, etc.
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isn't it generally recognized that format shifting (as for example, making a DVD copy for archival purposes) does not infringe copyright?
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No. It's argued. Almost nothing in copyright is "generally recognized."
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I personally believe that fanfiction is not copyright infringement. YMMV.
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I take no position on the subject. It's almost certainly a derivative work, but it may be a fair use.
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Doesn't a work have to be competing with the original for it's intended market and profit to be infringing?
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That's one of many factors considered in a fair use analysis.