In its existing form, fanfiction violates intellectual property rights. The usage of characters and expressions from an original creative work, as well as the development of derivative works, are all prohibited under existing copyright law (McCardle, 2003). Fan authors may not alter or remove any legal notices posted on the web page with their stories.
The Internet has made it easier for fans to share their love for favorite books and artists. But this also means that fan writers are putting themselves at risk of being sued for copyright infringement. Before you publish your first story, be sure you have the proper licenses to use copyrighted material. If you aren't sure if you have the rights to use something, ask the owner! Some publishers will require you to obtain permission before using certain characters or concepts in a story. Others may allow you to include only after you've paid them for the right to do so.
Fan fiction is defined as fiction written by someone other than the author or artist who owns the copyright to a particular work. The term "fan fiction" was originally used by science fiction writers as a label for self-published works. Today, any kind of fiction written by a non-author can be called fan fiction. Stories written about superheroes, villains, or any other character or entity owned by another person or group of people can fall into this category.
Fanfiction is lawful under copyright law and is recognized as a "derivative work" in the United States. In copyright law, a derivative work is defined as "an expressive production that comprises important copyright-protected aspects of an original, previously produced first work." In other words, anything that could have been included in the original work may be included in the derivative work.
The basis for this legal concept is that while the original work is protected by copyright, its constituent elements are also protected separately. For example, if part of a book were to be taken word-for-word from another book, that portion of the first book would be considered a derivative work that could be copyrighted independently. The same thing applies to movies or songs. If one section of a movie or song was discovered by someone else and used without permission, that segment would be deemed a separate work that could be reproduced and sold on its own.
Because fanfiction is a form of derivative work, it is eligible for protection under copyright law. However, unlike most original works created by authors who have never before published any material, fanfiction often includes substantial contributions from individuals who do write for money -- usually using characters that they have come to know through the webcomic or game they are writing about. For this reason, some publishers will expressly forbid their writers from creating fanworks.
Under U.S. copyright law, the legality of a specific work of fanfiction is primarily determined by three legal doctrines: (1) the underlying source work's copyrightability; (2) the derivative work right; and (3) fair use. The first thing to understand about making a legal fan fiction is that it is not a new concept. Literary fans have been writing stories about their favorite characters for years now, and many of these stories have become officially published works under various names.
The most common way for literary fans to express themselves about their favorite subjects is through fan fiction. Fan fiction is when authors write stories about their characters using information from other sources, such as other books or movies. Fans often copy large sections of text from their sources and paste them into new stories. Sometimes they change small details to fit with the character's world building or different themes may be explored. For example, one could write a story in which Batman fights against Superman if one did not know who was good and who was evil at the start of a movie/book series. There are many more examples that can be given but this should give you an idea of how literary fans interact with their sources material.
Because fan fiction involves copying large chunks of text from other sources, it is important to understand what rights those original authors might have asserted or implied over their work.