Can I write and publish fan fiction based on a book?
November 12, 2022 | 40,00 EUR | answered by Chloé Tressel
Dear Lawyer,
My name is Jakob Reuter and I am a big fan of a particular book. I have an idea for a fan-fiction story based on this book and would like to write and publish it. However, I am unsure if I am legally allowed to do so.
The situation is as follows: The book that my fan-fiction is based on was written by a well-known author and is protected by copyright. I do not intend to directly copy passages from the book, but rather use the world and characters of the book as a basis for my own story.
My concerns are that I may be violating the author's copyright if I publish my fan-fiction. I do not want to risk any legal consequences and therefore want to ensure beforehand that I am acting within the bounds of the law.
My question to you as a copyright lawyer is therefore: Am I allowed to write and publish fan-fiction based on a book if I do not use direct passages from the book, but only take inspiration from the world and characters? Are there any legal options to ensure that I can legally publish my fan-fiction?
I thank you in advance for your expertise and advice on this matter.
Sincerely,
Jakob Reuter
Dear Mr. Reuter,
Thank you for your inquiry regarding the legal situation of fan fiction based on a copyrighted book. As a copyright lawyer, I understand your concerns and will be happy to provide you with a detailed answer to your question.
In general, copyright law grants the author of a work the exclusive right to control the use of their work. This means that you generally need permission from the author to publish a fan fiction story based on their book, even if you are not directly quoting passages from the book but merely using the world and characters as inspiration.
However, there are some exceptions and ways to legally publish fan fiction in practice. A common practice is to ask the author of the original work for permission. Many authors are open to fan fiction and allow their fans to write and publish stories in their universe. In this case, you should definitely obtain written permission to be legally protected.
Another option is to adhere to the rules of "Fair Use." This concept allows for the limited use of copyrighted works for certain purposes, such as criticism, commentary, reporting, teaching, or research. However, the concept of "Fair Use" is not legally defined and can be interpreted differently depending on the case.
It is important to note that the legal status of fan fiction is often complex and can vary from case to case. Therefore, it is advisable to consult a lawyer if in doubt to receive individual advice and ensure that you are operating within the law.
I hope this information is helpful to you and I am available for any further questions. Thank you for your trust and I wish you success with your fan fiction story.
Sincerely,
Chloé Tressel
