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Fanfiction's copyright issue in EU, comparing with the US and China
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2019 (English)Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

Fanfictions are created by the fans who use the original work’s characters and settings to make a new fiction. It was mainly discussed in the fan community, but since the development of the technology, many fanfiction works are disseminated online without the authorization of authors of relevant prior original works. Thus, fanfictions potentially infringe the copyright of the authors and their original works. However, this issue is important for authors of the original works as well as fanfictions re-creators, because it concerns the copyright of works in question and creativity, freedom of expression and other public interests. The copyright law shall balance the interests between the authors as well as the public. It is a valuable topic to discuss whether the scope of the copyright law touch upon the fanfiction and how the fanfiction creators can create their works legally. Considering the justification of the fanfiction in the digital era, in this thesis,  I would like to discuss this issue in a global perspective, to be specific, discussing this issue under international conventions, the US Copyright Act, China Copyright Law and the EU Directive and national copyright law with some typical cases, starting with the situation and definition of the fanfiction. I further refer some questions, including why the fanfiction can be a copyright issue? What are the justifications of Fanfiction in the digital era? Whether fanfiction creators who use the prior work’s elements will infringe the author’s exclusive right? If it will, what kind of rights concerning this, to explain this issue in detail. Since this issue has not harmonized in EU, thus it means that there is no case determined by the CJEU. However, there is still urgent necessary to discuss fanfiction issue in the light of EU since there might be an unbalance with the public interests including creativity and freedom of expression, and the aim to ensure a high-level protection to the author of the original works. Finally, this thesis concludes that Fanfiction deserves more attention to build a certain legal status where Fanfiction creators can create fanfiction legally and the author’s exclusive rights can be protected fairly.

Place, publisher, year, edition, pages
2019.
Keywords [en]
Fanfiction, creativity, fair use, originality.
National Category
Law
Identifiers
URN: urn:nbn:se:uu:diva-385647OAI: oai:DiVA.org:uu-385647DiVA, id: diva2:1325425
Educational program
Master Programme in Intellectual Property Law
Presentation
, Uppsala
Supervisors
Examiners
Available from: 2019-07-01 Created: 2019-06-15 Last updated: 2019-07-01Bibliographically approved

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CiteExportLink to record
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Citation style
  • apa
  • ieee
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Language
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Output format
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