View Single Post
Old October 22 2010, 09:54 PM   #11
Admiral Buzzkill
Fleet Admiral
Re: Is FanFiction Illegal?

The Klingon Ghoul wrote: View Post
Both of those are from different parts of this page:
Yes, and they're cherry-picked paragraphs. Reading the entire article, and even better the article on fair use itself, or even better than that by researching some of the more notorious cases of recent decades actually makes clear how limited the fair use rule is - it's an affirmative defense in court, not a recognized legal "right" as that article itself notes. Fans who want to justify this stuff harp on one part of the four part test usually applied in court - the part concerning money - as if their disinterest in or inability to turn a buck off of what they do effectively protects them. It does not - fan fiction is tolerated, like many other forms of piracy now, not protected.
Admiral Buzzkill is offline   Reply With Quote