Copyright Infringement Issues in Fan Fiction

Ziye Xiong

2025

Abstract

Since the 1990s, the popularity of Internet technology has promoted the rise of Fan Fiction creation platform, but Fan Fiction, based on the characteristics of original works, have been in the gray area of copyright disputes for a long time. This article focuses on non-deductive Fan literature works and conducts research on their infringement determination and fair use issues. Research suggests that in the determination of infringement, the copyright ability of virtual characters needs to be analyzed through each case study based on the “idea-expression dichotomy”. The determination of substantial similarity requires a comprehensive analysis of overall perception and elements. In the defense of fair use, the theory of “transformative use” and market substitution evaluation are key. Fan Fictions can enhance their transformability, while their non-profit and cultural dissemination functions reduce market substitution risks, and it is not simply judged by whether they constitute fair use based on profitability or not. The conclusion points out that the existing law lacks clear provisions on the boundaries of role copyright and fair use standards. In the future, it is necessary to clarify the scope of protection of virtual roles in legislation and improve the system of fair use.

Paper Citation

in Harvard Style

Xiong Z. (2025). Copyright Infringement Issues in Fan Fiction. In Proceedings of the 1st International Conference on Politics, Law, and Social Science - Volume 1: ICPLSS; ISBN 978-989-758-785-6, SciTePress, pages 336-341. DOI: 10.5220/0014374300004859

in Bibtex Style

@conference{icplss25,
author={Ziye Xiong},
title={Copyright Infringement Issues in Fan Fiction},
booktitle={Proceedings of the 1st International Conference on Politics, Law, and Social Science - Volume 1: ICPLSS},
year={2025},
pages={336-341},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0014374300004859},
isbn={978-989-758-785-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Politics, Law, and Social Science - Volume 1: ICPLSS
TI - Copyright Infringement Issues in Fan Fiction
SN - 978-989-758-785-6
AU - Xiong Z.
PY - 2025
SP - 336
EP - 341
DO - 10.5220/0014374300004859
PB - SciTePress