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Copyright Law And Fanfiction: Balancing Creativity And IP Infringement

Vedangi Prasad Kulkarni, SVKM’S Narsee Monjee Institute of Management and Studies, Indore



ABSTRACT


Fanfiction, a thriving form of creative expression allows fans to reinterpret, expand and transform existing literary work, artistic work and cinematic works. This paper examines the intricate relationship between copyright law, and fanfiction, a popular form of creative expression that often navigate the boundaries of Intellectual Property Rights. As fanfiction continues thrive in the digital age, it raises critical questions regarding its legality and potential for copyright infringement. This study analyses the legal framework governing fanfiction, focusing on the key concepts such as derivative works, fair use, and the moral rights of original creators. By reviewing recent case laws and legal precedents, this research highlights the challenges faced by fanfiction authors in balancing their creative impulses with the rights of original copyright holders. Furthermore, it advocates for nuanced approach to copyright regulation that recognizes the transformative nature of the fanfiction while safeguarding the interest of original creators. Ultimately, this paper aims to contribute the ongoing discourse on Intellectual Property Rights and creative freedom, proposing recommendations for a more equitable legal landscape that fosters both innovation and respect for original works. This abstract encapsulates the main themes and objectives of the research while adhering to typical academic standards for clarity and conciseness.


Keywords: Copyright Law, Fanfiction, Intellectual Property Rights, Fair use, IP Infringement, Transformative Works.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

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