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Old 06-14-2010, 12:25 PM   #31
sourcejedi
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Quote:
Originally Posted by HarryT View Post
This position taken by this "organization"
Registered non-profit. Meetings. More than two people. Probably an organisation.

Quote:
Originally Posted by HarryT View Post
pure nonsense. FanFiction involve the creation of "derivative works" and, as such, is a violation of copyright law if done without the copyright holder's permission. The overwhelming majority of FanFiction is not written for purposes of parady, which is permitted as fair use.
Fair use is a balancing of four main critera - and anything else the court decides is relevant to fair use. The only strictly true statement is that we don't know the answer, because there's been no (US) case.

We do know that unauthorized commercial reference guides are fine.

I'd think much of the "good" crack-fic ("fanfiction on crack") or mega-crossover fic is safely transformative in a creative sense, not a direct market substitute, and avoids substantive copying in the most literal sense. Being non-commercial is also an important factor.

OTOH, I wouldn't like to have to defend the (multiple!) versions of Harry Potter Book 7 that were written by impatient fans before the "official" one came out.

Last edited by sourcejedi; 06-14-2010 at 12:31 PM. Reason: (formatting. links misleadingly lacked underlines in the preview)
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