• July 2018
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Is fan fiction, of non-public domain works, fair use?

It depends if fair use can be found. In determining whether the use is considered “fair use” the factors to be considered include:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work

An experienced copyright attorney can weigh the facts of your particular case to these factors to gauge whether you are infringing. Interested in having that done? Stop by LawTrades for affordable and quick legal representation.

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