alexseanchai: quill, ink bottle, and calligraphy (Default)
our roads may be golden, or broken, or lost ([personal profile] alexseanchai) wrote2012-02-25 07:57
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Fanfiction Law on LexisNexis, Part 1: LexisNexis Search for 'fanfiction'

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Search Terms:(LN-HEADNOTES(fanfiction) OR CORE-TERMS(fanfiction))
Source:US Supreme Court & Courts of Appeals Cases, Com...
I tried "fan fiction", too. Nada. If anyone thinks any of the abbreviations of the term would seriously be used in a legal case, I can try them, but they'll all come up empty, I guarantee it.

This means that US law as it applies specifically to fanfiction is nonexistent. No one in the US has sued over fanfiction. Ever. Not a single author. Not even the fan who wanted a byline on a Marion Zimmer Bradley novel. Or any suits that have happened have settled out of court where they cannot shape the common law.

I am not a lawyer, but this tells me that, whatever the de jure status of fanfiction is, it is de facto legal.

'Transformative work' got sixteen hits, and I intend to read them all and case-brief all the ones sound relevant, as well as hitting up everything Stanford Law says about fair use. (Why do my own research when they've done so much of it for me?) Keep an eye on my 'copyright law' tag today and tomorrow.

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