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Old 07-02-2012, 09:35 AM   #26
Elfwreck
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Quote:
Originally Posted by carpetmojo View Post
Quote:
Originally Posted by Elfwreck View Post
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....
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.
A review is a new work. Certainly, it's often done for profit, admiration, or self-gratification. It can impact sales of the original, and can either explore the potential meanings and critique the original in detail, or just point to it and say "this is terrific" or "this is garbage."

What makes fiction an illegal literary style for doing those things?
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