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Originally Posted by hildea
Interesting thoughts! I think noncommercial transformative *) works like fanfiction should be legal, and it seems they probably are, but I'm unsure what to think about commercial transformative works.
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The problem legally is that you still get automatic copyright on works that infringe on copyright. The original author just doesn't have the means to sue. But does the fanfic author have the right to sue someone infringing on his copyright when it is commercially published? Say a fanfic author continues a story, publishes it free of charge. And imagine he was lucky enough to come close enough to how the original author was going to publish the next book. Who is going to be able to sue who?