Copyright Law and Fanfiction: Sinking Ships with Canon

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dc.contributor.advisor Sims, A en Prasad, Navneet en 2017-09-18T21:47:39Z en 2017 en
dc.identifier.uri en
dc.description Full text is available to authenticated members of The University of Auckland only. en
dc.description.abstract The focus of this thesis is to discuss the legal position of fanfiction (fanfic); a form of fan made media. A fanfiction is a narrative where the writer uses characters, storylines, and themes from an already published work, which is protected by copyright, known as the canon. Fanfiction pieces come in various styles such as prequels, sequels, or altered depictions of the same story with new elements added, such as a new character or a different setting. Fanfics are written by fans for non-commercial purposes, usually without permission from the copyright holders. The thesis highlights the vast and diverse world of fanfiction and the way it exists online before moving on to discuss the development of fan culture by exploring the Star Trek phenomenon. The thesis will show that fanfiction is used often as a form of literary criticism. In addition, many fanfiction writers also use the process of writing fanfiction as a tool to develop their writing ability. The publishing industry will also be addressed; as increasingly pieces of fanfiction are evolving into publishable works, despite usually being a non-commercial activity. The thesis will argue that copyright law needs to accommodate all fanfiction pieces so that writers can freely create their works without fear of infringement. Fanfiction should be protected from infringement claims, as a non-infringing use of copyright protected material, because of the benefits that it creates when balanced against the minimal impact it has on the canon and the copyright holders. Currently New Zealand’s fair dealing principles provide only a specific set of narrow exceptions to the exclusive rights of copyright holders, to the detriment of users’ rights. The doctrine of fair use, from the US will be examined against the fair dealing principles in the UK to help provide a background of the purpose of copyright and its historic development. The final part will suggest possible reform for copyright in New Zealand, looking at creating a specific exception for fanfiction, while noting fair use as inevitably being the future of users’ rights under copyright law. en
dc.publisher ResearchSpace@Auckland en
dc.relation.ispartof Masters Thesis - University of Auckland en
dc.relation.isreferencedby UoA99265050311502091 en
dc.rights Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. Previously published items are made available in accordance with the copyright policy of the publisher. en
dc.rights Restricted Item. Available to authenticated members of The University of Auckland. en
dc.rights.uri en
dc.rights.uri en
dc.title Copyright Law and Fanfiction: Sinking Ships with Canon en
dc.type Thesis en Commercial Law en The University of Auckland en Masters en
dc.rights.holder Copyright: The author en
pubs.elements-id 670265 en
pubs.record-created-at-source-date 2017-09-19 en

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