this post was submitted on 22 Dec 2023
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The estate of J.R.R. Tolkien sued Demetrious Polychron, a Lord of the Rings fan, to bar him from selling an unauthorized sequel to the fantasy series.

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[–] [email protected] 1 points 9 months ago

Most fan fiction by strict definition is copyright infringement, however most fan fiction will qualify under other protections like parody, or the simple fact that it isn’t trying to be sold and make a profit.

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.

No one, not even Disney, is going to go after you for drawing Mickey Mouse and posting your drawing online

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.