[QUOTE=Elfwreck;2134092]What's the difference between a character study & critique written as a "review," and one written as "fiction?" What makes the fiction more infringing? Neither directly copies the original (other than a few words or maybe phrases); both attempt to show the reader's reaction to and perspective on the original............./QUOTE]
Because, simply, it is legal to do so in a review/critique - or, indeed, almost always for the puposes of academic study ie "fair use" - but it is illegal to do so in a "new" work for distribution, either for profit, admiration, or self-gratification.... unless with the explicit approval of the original author.
At least, that's how it works here, and I'm sure it does generally - otherwise you'd never have any reviews, etc... of anything !
Again, it's not
very often, for example, that a newspaper sues a theatre for copyright infringement when it uses quotes from a review (good or bad !) about a play - it has been tried, and subsequently...ridiculed.
This is known in legal circles as the "Use Your Bloody Commonsense, Mate" Law, I believe........
