Can I publish fanfiction based on a copyrighted work?
March 9, 2024 | 40,00 EUR | answered by Verena Friedendahl
Dear Attorney,
My name is Dennis Sauer and I am a big fan of a particular copyrighted work. I have written a fanfiction based on this work and would like to publish it online. However, I am concerned about whether this is legally allowed and whether I may be potentially infringing on copyright.
The current situation is that I have already written the fanfiction and would like to share it with other fans. However, I am worried that this could have legal consequences, as I have used another author's work as a basis. I do not want to violate copyright, but I am unsure if fanfiction is considered a form of derivative work and therefore falls under copyright.
My concern is that in the event of publication, I may face legal action from the author of the original work. I want to avoid this at all costs, as I have written the fanfiction purely for fun and as a tribute to the original work.
Therefore, my question to you is: Am I allowed to publish fanfiction based on a copyrighted work without violating copyright? Are there possible solutions or legal aspects that I should consider to ensure that my fanfiction is legal?
Thank you in advance for your support and legal advice.
Sincerely,
Dennis Sauer
Dear Mr. Sauer,
Thank you for your inquiry regarding the publication of your fanfiction, which is based on a copyrighted work. Fanfiction is a widespread phenomenon where fans write their own stories based on existing works. It is important to understand that copyright law governs the protection of intellectual property and gives the author the right to decide how their work is used.
The legal status of fanfiction is often complex and there is no clear answer as to whether fanfiction is legal or not. Generally, fanfiction is considered a derivative work based on the original work. This means that fanfiction incorporates certain elements of the original work and is inspired by it. However, as long as you do not directly copy text passages or characters from the original work, and instead are simply inspired by it, there is a possibility that your fanfiction may be considered as a standalone work.
It is important to note that the author of the original work still has the right to take action against the publication of fanfiction, especially if they feel that their rights are being infringed upon. In some cases, authors have even taken legal action against fanfiction authors.
To ensure that your fanfiction is legal, there are some points to consider. Avoid copying direct text passages or characters from the original work. Try to shape your fanfiction as a standalone work that is inspired by the original work. Also, make sure not to use protected trademarks or symbols from the original work to avoid confusion.
It may also be helpful to contact the author of the original work and request permission to publish your fanfiction. Some authors are open to fanfiction and allow its publication under certain conditions.
Overall, it is advisable to seek legal advice from a lawyer if you are unsure to ensure that your fanfiction does not infringe on the rights of others. I hope this information helps you and wish you success in publishing your fanfiction.
Best regards,
Verena Friedendahl
Copyright Lawyer
