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[I originally posted a short version of this as a response to ![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
coffeeandink lengthy analysis of a recent Harry Potter fanfic scandal regarding plagrism. For a deeper understanding of that scandal or plagirism go to that post. This one is about how fanfic, icons, vids, screen shot fall under copyright law and the extent to which, if any, they are considered copyright infringement. I updated it to include the Tasini court case, which I can't believe I forgot - it's at the end of the history section. Please note, I altered the section on Real Person Fanfic after doing a bit more research. You actually have less leeway here as opposed to more - due to libel and defamation laws - which do come into play here. Also note that my understanding of libel and defamation laws is fairly simplistic.]
Fandom and Intellectual Property Law…
Fanfic is a foggy area copyright wise, but then so is intellectual property law. People do not agree and US Copyright Law has been changed several times – there’s the 1976 Act, the amended act of 1978, and again in 1988 with the Berne Convention Implementation Act of 1988, the Sonny Bono Copyright Extension Act in 1998 (or Mickey Mouse Protection Act)(http://en.wikipedia.org/wiki/Sonny_Bono_Copyright_Term_Extension_Act, the World Copyright Act), The WIPO Copyright Treaty of 1996, The European Copyright Directive and finally the Digital Millennium Copyright Act of 1998, – which was the most controversial and went through multiple drafts before being signed by the President on October 28,1998.
( A little bit of history )
( My Own Background or Why the Heck Should You Believe Me? )
( Fanfic and Copyright Law )
( What is the effect of TRADEMARK Law…on fan creations? )
( How About Screen-Shots, Images, Icons, Vidding? Are they permissible? )
coffeeandink lengthy analysis of a recent Harry Potter fanfic scandal regarding plagrism. For a deeper understanding of that scandal or plagirism go to that post. This one is about how fanfic, icons, vids, screen shot fall under copyright law and the extent to which, if any, they are considered copyright infringement. I updated it to include the Tasini court case, which I can't believe I forgot - it's at the end of the history section. Please note, I altered the section on Real Person Fanfic after doing a bit more research. You actually have less leeway here as opposed to more - due to libel and defamation laws - which do come into play here. Also note that my understanding of libel and defamation laws is fairly simplistic.]Fandom and Intellectual Property Law…
Fanfic is a foggy area copyright wise, but then so is intellectual property law. People do not agree and US Copyright Law has been changed several times – there’s the 1976 Act, the amended act of 1978, and again in 1988 with the Berne Convention Implementation Act of 1988, the Sonny Bono Copyright Extension Act in 1998 (or Mickey Mouse Protection Act)(http://en.wikipedia.org/wiki/Sonny_Bono_Copyright_Term_Extension_Act, the World Copyright Act), The WIPO Copyright Treaty of 1996, The European Copyright Directive and finally the Digital Millennium Copyright Act of 1998, – which was the most controversial and went through multiple drafts before being signed by the President on October 28,1998.
( A little bit of history )
( My Own Background or Why the Heck Should You Believe Me? )
( Fanfic and Copyright Law )
( What is the effect of TRADEMARK Law…on fan creations? )
( How About Screen-Shots, Images, Icons, Vidding? Are they permissible? )
