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Old 07-09-2012, 09:47 AM   #166
Elfwreck
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Quote:
Originally Posted by HarryT View Post
It's not a "crime", but I'm afraid it very likely is a violation of copyright, like it or not. I'm sorry, but that's just the way the law is. When you buy a DVD, all you're buying is the physical object. You're not buying any rights to the story, and you just can't (outside a few "fair use" purposes, such as literary criticism or review) just go around publishing stories derived from it without the explicit permission of the rights holder.
It is my firm belief that the vast majority of fanfiction, including the kind I encourage my children to write, is not a violation of copyright. That it falls within the boundaries of fair use in the US. I believe it is mostly a form of criticism or review, and a good deal of it is parody. (I believe the fanfic that isn't transformative is obviously so--such as "taking a chapter of Harry Potter and replacing the character names with my friends.")

I'm aware that the UK and other countries have different boundaries for derived works, and I am glad to live in a country that considers parodies and transformative uses fair.

I happily encourage my children to write and publish their fanfic online. In addition to believing that's both legal and ethical, I reject the notion that people should not be sharing stories about their favorite cultural icons, or that the ethics of "I made up a story about Zeus" are any different from "I made up a story about Batman." If those are two categories, it's very unclear which includes "I made up a story about Thor."
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