The Fair Use of Copyright in Fan Works


Xinxin Liu * 1

1 master of law,Monash university,21 Chancellors Walk, Campus Centre

Corresponding Author

Xinxin Liu


copyright, fan works, fair use


The fan works are produced and widely distributed on the Internet, and are dependent on the original works, but have their own originality. Therefore, whether it is protected by copyright law and whether it infringes on the copyright of the original work has become the focus of academic debate. Despite the possible conflict of copyright with the original work, the law should not completely deny the legitimacy of fan works based on its own characteristics and public interest as well as the needs of social and cultural development, but should regulate the elements of its legitimacy on the basis of clarifying its legal attributes and seek reasonable ways to protect the legitimate rights and interests of the original work.


Xinxin Liu. The Fair Use of Copyright in Fan Works. ASBR (2021) ASBR Vol.1 No.1: 58-64. DOI: 10.54254/asbr.2021008.


[1]: Intellectual Property - Copyright in Musical Compositions - Ninth Circuit Confines the Scope of Copyright in Compositions Under the 1909 Act to the DEPOSIT Copy - Skidmore v. Led Zeppelin. (2021). Harvard Law Review, 134(4),1543+. 37

[2]: Stroude, R. L. (2010) Complimentary creation: protecting fan fiction as fair use. Marquette Intellectual Property LawReview, 14(1),191+. 97d

[3]: According to Luo TianWei. (2017) A Study on the Copyright of Homo Sapiens Works - The Boy Who Was Here as an Example (p. 64).

[4]: According to Guo Hao .(2017) On the Protection of Copyright in fan Works (p. 13)

[5]: According to Guo Hao. (2016) On the Protection of Copyright in fan Works (p. 13).

[6]: According to Lin Zi .(2016) The dilemma and breakthrough in the protection of copyright of fan works (p. 55).

[7]: Schwabach, A. (2011) Fan fiction and copyright: Outsider works and intellectual property protection. Ashgate Publishing, Ltd.

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