Protection of Copyright for Derivative Works of Fanfiction Without Permission

Introduction: Copyright holders have exclusive rights to determine the use of their work. Fanfiction is often considered a derivative work that requires permission from the original creator, but many are made without permission, thus violating copyright.Purposes of the Research: To find out and discuss the form of protection of the creator's moral rights against fanfiction works without permission and legal remedies for copyright infringement.Methods of the Research: Normative legal research methods with a statutory approach, case approach and conceptual approach, to answer the problems raised.Findings of the Research: Legal protection of the moral rights of creators against a derivative fanfiction work without permission can be done preventively or repressively, with the repressive approach being considered more effective. Legal efforts can be taken through litigation (civil and criminal lawsuits) and non-litigation (mediation, licensing agreements, or closing online content).

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Publication Details

Journal
TATOHI Jurnal Ilmu Hukum
Published
2025-09-30
DOI
https://doi.org/10.47268/tatohi.v5i7.3250
Primary Topic
Copyright and Intellectual Property
Type
article
Field-Weighted Citation Impact
0.00
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article

Protection of Copyright for Derivative Works of Fanfiction Without Permission

Rory Jeff Akyuwen, Muchtar Anshary Hamid Labetubun, Jenica Chechilia Harbelubun
TATOHI Jurnal Ilmu Hukum
Copyright and Intellectual Property
article

Protection of Copyright for Derivative Works of Fanfiction Without Permission

Rory Jeff Akyuwen, Muchtar Anshary Hamid Labetubun, Jenica Chechilia Harbelubun
article en

Abstract

Introduction: Copyright holders have exclusive rights to determine the use of their work. Fanfiction is often considered a derivative work that requires permission from the original creator, but many are made without permission, thus violating copyright.Purposes of the Research: To find out and discuss the form of protection of the creator's moral rights against fanfiction works without permission and legal remedies for copyright infringement.Methods of the Research: Normative legal research methods with a statutory approach, case approach and conceptual approach, to answer the problems raised.Findings of the Research: Legal protection of the moral rights of creators against a derivative fanfiction work without permission can be done preventively or repressively, with the repressive approach being considered more effective. Legal efforts can be taken through litigation (civil and criminal lawsuits) and non-litigation (mediation, licensing agreements, or closing online content).

TATOHI Jurnal Ilmu HukumVol. 5(7)
University of Pattimura (ID)
Openalex Percentile: Top 64%
Copyright and Intellectual Property
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Protection of Copyright for Derivative Works of Fanfiction Without Permission — Rory Jeff Akyuwen, Muchtar Anshary Hamid Labetubun, et al. · TATOHI Jurnal Ilmu Hukum (2025) | TGRS Research Map | TGRS