Between Fandom and Copyright: Navigating the Maze of Fan Fiction Commercialization

Fanfiction is a creative narrative set in an amateur capacity by fans featuring charaters and settings of popular novels, TV series, movies, games or even podcasts. However, this form of creative expression by fan communities have transformed by a hobby to a thriving subculture with commercial potential owing to the rise of digital platforms like wattpad. This research examines the intricate relationship between fanfiction and copyright law. It focuses on key aspects such as fair use, transformative works, and potential copyright infringement while assessing how copyright principles may be applied to fan-created content. This paper evaluates a fanfiction through a legal lens of the four factor test which includes purpose, nature, the amount of copyrighted work used, and the market impact. The findings indicate that while fanfiction often qualifies for the “fair use” exception, its derivative nature conflicts with the execlusive rights awarded to the original author by the law, raising legal as well as ethical concerns. This research proposes an adaptive framework suggesting clearer guidelines that could offer a balanced approach that addresses copyright of original creators and fan communities driving digital creative innovations/ practices in contemporary media.

Institutions

Publication Details

Journal
Journal of Intellectual Property Rights
Published
2025-01-01
DOI
https://doi.org/10.56042/jipr.v30i4.9484
Primary Topic
Asian Culture and Media Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Between Fandom and Copyright: Navigating the Maze of Fan Fiction Commercialization

Journal of Intellectual Property Rights
Asian Culture and Media Studies
article

Between Fandom and Copyright: Navigating the Maze of Fan Fiction Commercialization

article en

Abstract

Fanfiction is a creative narrative set in an amateur capacity by fans featuring charaters and settings of popular novels, TV series, movies, games or even podcasts. However, this form of creative expression by fan communities have transformed by a hobby to a thriving subculture with commercial potential owing to the rise of digital platforms like wattpad. This research examines the intricate relationship between fanfiction and copyright law. It focuses on key aspects such as fair use, transformative works, and potential copyright infringement while assessing how copyright principles may be applied to fan-created content. This paper evaluates a fanfiction through a legal lens of the four factor test which includes purpose, nature, the amount of copyrighted work used, and the market impact. The findings indicate that while fanfiction often qualifies for the “fair use” exception, its derivative nature conflicts with the execlusive rights awarded to the original author by the law, raising legal as well as ethical concerns. This research proposes an adaptive framework suggesting clearer guidelines that could offer a balanced approach that addresses copyright of original creators and fan communities driving digital creative innovations/ practices in contemporary media.

Journal of Intellectual Property RightsVol. 30(4)
Alliance University (IN)
Openalex Percentile: Top 77%
Asian Culture and Media Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.