When the Author Owns the World: Copyright Issues Arising from Monetizing Fan Fiction
1 Tex. A&M L. Rev. 959 (2014)
15 Pages Posted: 2 Sep 2014
Date Written: May 1, 2014
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
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