Intellectual Property
Jan. 22, 2024
When fandom and copyright infringement collide
A recent legal decision reinforces copyright protection for J.R.R. Tolkien’s original works against fan fiction dupes.
Dale Nelson
Partner, Donaldson Callif Perez LLP
Navigating the waters of fan fiction can be tricky, though not from a legal standpoint. Generally speaking, if a fan writes a novel, makes a film, writes a song, etc., using the setting, characters, and other canon of the work – which is the focus of the fandom, assuming no commentary on or other fair use of the underlying work – it infringes the copyright in that work. Despite the clarity of the law, fan fiction thrives.
Why? Creators of...