Fanfiction has been around for a long time, at least since the time of the publication of the original Sherlock Holms stories in the late 1800’s. Even after all this time, however, the circumstances under which the creation of fanfiction constitutes copyright infringement are not well defined. This talk will analyze the issue of fanfiction within the structure of U.S. Copyright law and will explore issues that are relevant to determine if a work of fanfiction does not run afoul of the copyright laws, either because it does not “copy” from an original in a way that would be illegal or because the copying would constitute “fair use” under the copyright act. Finally, the talk will also discuss the somewhat confused state of the case law in the United States on this issue.
Hall: Gloucester T120