In fact, the quality is frequently high enough to sustain entire communities who share, appreciate, and write fan fiction. The fly in the ointment is that fan fiction deals with legally protected works. This is doubly the case when they publish their work for others to enjoy. The public domain If a thing is in the public domain then it can be used freely in any work.
Have you wondered whether your work is protected by copyright? Or whether you can write a story based on people you know? This article delves into five legal issues frequently encountered by writers.
Do you need to worry about copyright? Literally, it is the right to copy. This period is years from publication or creation in most jurisdictions; b the right to be credited for your work.
No one can copy your work without your permission; and c the right to control your work, like who can adapt the work and receive a financial benefit from the work.
For countries that are a party to the Berne Convention, copyright is inherent and exists as soon as you create your work. Most countries, including Australia, Canada, the United Kingdom, and the United States, are parties to this convention.
For a full listing of parties, see: Canada and the United States have official copyright registers, while Australia and the United Kingdom have unofficial service providers that hold registers. Using the copyright symbol and a notice can also act as a deterrent to people who may be thinking of copying your work or annoy editors, depending on your market.
So what elements does a literary work require to gain copyright?
The legislative nitty-gritty changes between countries, and in countries where there is no uniform copyright law, between states. But the basic concepts are similar, with literary works requiring the following two elements to be afforded copyright protection: Exceptions and Exemptions Tom Cruise probably doesn't know that you're writing a story basing the main character on him.
Neither does that asshole boss of yours. But as a lawyer, I am particularly risk adverse. Section of the United States Copyright Law outlines situations where reproduction may be considered fair, such as criticism, comment, news reporting, teaching and research.
Each jurisdiction suggests erring on the side of caution whenever someone enquires as to what a substantial part is, and focuses on quantity over quality which is of very little practical use. Be mindful that the fair dealing exemption in Australia and the United Kingdom is not as flexible as fair dealing exemptions in Canada or fair use exemptions in the United States.
Respecting Other People's Work: You can contact the owner and purchase a license to use the part of the material you want and the owner sells you a license almost always non-exclusive to use the work for a certain period of time or in a certain way, and they keep the copyright.
Otherwise, you could buy the work and the owner assigns the copyright to you and the law acts as if you were the creator, but this is very rare and expensive.Authors Julie Myerson and Rachel Cusk, both usually producers of fiction, have both turned to writing books about their personal experiences.
Myerson interleaved passages about troubles with her teenage son with a story about a dead Victorian painter. Studying, blogging, reporting news, and writing reviews would be difficult without copying original work, but fair use or fair dealing exemptions exist which allow .
By writing stories featuring someone else’s characters, fan fiction authors are treading on risky legal ground. This is doubly the case when they publish their work for others to enjoy. So, in this article, I’ll provide some legal facts to help fan fiction authors stay out of trouble while they create, and work in harmony with the creators.
I started with writing non-fiction and it really did change my life. I'm actually working on rewriting my first book at the moment and I also devour non-fiction books so it definitely remains important to me.
Studying, blogging, reporting news, and writing reviews would be difficult without copying original work, but fair use or fair dealing exemptions exist which allow . If you are writing a non-fiction book, you may mention real people and real events.
responses to “How to Use Real People in Your Writing Without Ending Up in Court” but they are entitled to legal damages only if someone else can recognize them AND the personal information is deeply embarrassing and damaging or is defamatory.