this post was submitted on 22 Dec 2023
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While parody is an exception to copyright infringement most fan fiction is not parody - arguably most fan fiction is the direct opposite of parody because fanfic authors often treat the work they're infringing super-seriously. ;-) So most fanfic couldn't rely on the "parody" defence.
And not selling or making a profit from a piece of fanfic does not afford any legal protection to copyright infringement either. Just because you're not making money off a piece of fanfic doesn't mean the copyright owner can't rightfully sue you.
I agree, but Disney still has the legal right to go after you if they wanted to - it's just that they don't bother. Most fanfic survives by the good graces of the copyright owner, and/or because it flies so far under the radar the copyright owner isn't aware of it, or doesn't worry about it. But that's not the same as having legal protection against infringement.
Agree with all your other points.