Quote:
Originally Posted by hildea
It's a good question. Do you know if it has actually happened (either a fanfic writer just attempting to sue or also winning the case against the original author)?
The Organization for Transformativ Works says in their FAQ:
Of course, the legal system might not agree with them. |
No, have not heard it happen. The way it sounds though, depending on how a specific judge rules, is that fanfic is not entirely legal. Tolerated, but unequally treated. Unlike flatout copying (aka piracy) fanfic usually limits itself of using the universe and or characters. It still is infringement. Why would fanfic be allowed (legally) when non-profit piracy is clearly not? Also fanfic sites usually honor the original author's wishes if they don't want derivative or transformative works based on their books. To me that is a clear sign that fanfic is not legal, but merely tolerated by certain (not all) authors.