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OTW's position is that fan fiction and other fan labor products constitute copyright fair use under 17 U.S.C. § 107 because they add "new meaning and messages to the original" work, [37] and thus fall under the exemption to U.S. copyright law the Supreme Court defined in Campbell [38] and which was later revisited and followed in Suntrust. [39]
Accordingly, copyright protection did not prevail. The holding in Warner Bros. case came to be known as the Sam Spade Test; this approach does not allow for copyright protection if the character is a “mere chessman in the game of storytelling.” On the other hand, if the character is central to the story, then it will be copyrightable.
The copyright symbol, or copyright sign, designated by (a circled capital letter "C"), is the symbol used in copyright notices for works other than sound recordings.
The term fan fiction has been used in print as early as 1938; in the earliest known citations, it refers to amateur-written science fiction, as opposed to "pro fiction". [3] [4] The term also appears in the 1944 Fancyclopedia, an encyclopaedia of fandom jargon, in which it is defined as "fiction about fans, or sometimes about pros, and occasionally bringing in some famous characters from ...
Disney will still have ways to protect Mickey Mouse after Jan. 1. The company will retain copyrights in the character’s more modern versions for a few more years.
The copyright notice must also contain the year in which the work was first published (or created), and the name of the copyright owner, which may be the author (including the legal author/owner of a work made for hire), one or more joint authors, or the person or entity to whom the copyright has been transferred.
The fan fiction website AO3, or Archive of our Own, crashed July 10 due to a cyberattack. Here's how fan fiction fans were impacted.
Exactly how thorny copyright and fair use issues will play out as AI evolves is still unknown. However, as more people use generative AI to produce text, images, and videos, ambiguous cases will ...