Researchers Argue Fan Fiction Writing Constitutes Fair Use Under U.S. Copyright Law

Writing in the International Journal of Learning and Media, UC Irvine Information and Computer Science (ICS) Undergraduate Lauren Lewis, DoE Assistant Professor Rebecca Black, and ICS Professor William Tomlinson assert that Fan Fiction writing constitutes fair use under U.S. Copyright law.

Abstract:

This article makes a theoretical, legal, and moral proposition that fan fiction, a form of derivative writing based on existing media and popular culture, be considered fair use of copyrighted materials under U.S. copyright law. In our discussion, we draw from the U.S. legal system's definition of fair use and significant cases related to copyright in order to make the argument that fan fiction writing constitutes fair use because it is transformative, because it is noncommercial, and, above all, because it is educational. In making this claim, we are taking a stand against corporate attempts to stamp out the creative remixing and distribution practices enabled by new technologies and are positioning ourselves in support of online participatory learning and literacy practices engaged in by youth from around the world.

Lewis, L., Black, R. & Tomlinson, B. (2009). Let everyone play: An educational perspective on why fan fiction is or should be legal. International Journal of Learning and Media, 1(1), 67-81.

http://www.mitpressjournals.org/doi/abs/10.1162/ijlm.2009.0007