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Old October 22 2010, 08:00 PM   #7
Kaziarl's Avatar
Location: Portland, OR (Kaziarl)
Re: Is FanFiction Illegal?

This would say otherwise:

However, U.S. copyright law does allow for fair use of a copyrighted work by non-copyright-holders according to four tests. These tests take explicitly into consideration the purpose of the new use, nature of the copyrighted work, amount used in new work, and the market value effect of the new work. Whether a particular instance of use counts as "fair use" is determined by courts on a case-by-case basis.
Most major studios and production companies tolerate fan fiction, and some even encourage it to a certain extent. Paramount Pictures, for example, allowed the production of Star Trek: The New Voyages and Star Trek: The New Voyages 2 from Bantam Books, fan fiction anthologies which followed Bantam's Star Trek Lives! by reprinting stories from various fanzines; as well as Star Trek: Strange New Worlds, a series of ten anthologies from Pocket Books in which the short stories were selected through an open submissions process geared toward novice writers.
Both of those are from different parts of this page:

And of course I'm sure there is wiggle room either way, but it seems that for the most part fanfic is ok as long as you don't try to make a profit on it outside the proper channels (Pocket Books for Star Trek as an example). Or, unless the copyright holder specifically says they don't want any fanfic (As Ann Rice has done.)
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