When the Author Owns the World: Copyright Issues Arising from Monetizing Fan Fiction

1 Tex. A&M L. Rev. 959 (2014)

Howard Law Research Paper No. 15-2

15 Pages Posted: 2 Sep 2014  

Steven D. Jamar

Howard University School of Law; IIPSJ

Christen Glenn

Howard University School of Law

Date Written: May 1, 2014

Abstract

Copyright should further the public interest and should further the inclusion and empowerment aspects of social justice; indeed, the Constitution requires that copyright be for the advancement of society and culture, not the creation of wealth for a few. The types of inducements formerly needed for creation and publication of many types of fiction no longer are relevant for the general category of fan fiction. The flowering of creative expression and communities based on common interests in worlds that prompt fan fiction will flourish best without cramped views of fair use and without expansive protection of copyrights in the copyrighted works. Little, if any, harm is caused to those traditional interests by such an interpretation. Indeed, the purpose of copyright, the advancement of society and culture through the creation and dissemination of new works, is furthered not by cutting down the forest of fan fiction, but rather by simply letting it be.

Keywords: copyright, fan fiction, monetization, fair use, transform, social justice, intellectual property, public interest

Suggested Citation

Jamar, Steven D. and Glenn, Christen, When the Author Owns the World: Copyright Issues Arising from Monetizing Fan Fiction (May 1, 2014). 1 Tex. A&M L. Rev. 959 (2014); Howard Law Research Paper No. 15-2. Available at SSRN: https://ssrn.com/abstract=2489583

Steven D. Jamar (Contact Author)

Howard University School of Law ( email )

2900 Van Ness Street NW
Washington, DC 20008
United States

HOME PAGE: http://sdjlaw.org/

IIPSJ ( email )

MD
United States

HOME PAGE: http://iipsj.org

Christen Glenn

Howard University School of Law ( email )

2900 Van Ness Street, N.W.
Washington, DC 20008
United States

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