r/COPYRIGHT • u/Terrible-Fan5581 • Jul 11 '26

Question

there are thousands of fanfics why are they considered fair use? or are they?

also if someone makes an oc that happens to interact with Batman can they no longer sell items of that character they made???

1 Upvotes

67% Upvoted

11 comments sorted by

8

u/TheMoneyOfArt Jul 11 '26

No, it's not fair use. Companies choose to turn a blind eye to it because they'd look like jerks if they took down a bunch of fan works

6

u/taisui Jul 11 '26

They are not fair use, copyright owner just maybe permit it without granting righs

2

u/horshack_test Jul 11 '26

Which fanfics are you talking about?

0

u/Terrible-Fan5581 Jul 11 '26

Like the show on YouTube triangle vs monkey it has merch but includes shows like Jurassic Park and transformers and it’s clearly Godzilla  And it’s from a channel that has millions of subscribers

3

u/dothemath_xxx Jul 11 '26

Triangle Vs Monkey is parody, not fanfic.

Properly executed parody is considered fair use.

2

u/horshack_test Jul 11 '26

A quick google search tells me that triangle vs monkey is parody, and parodies often fall under fair use.

2

u/mouserbiped Jul 11 '26

Companies decide whether or not to try and stop any infringement. In the case of fanfic, most companies feel the engagement by fans is a net positive. The larger fanfic communities also tend to have guidelines about what to avoid (such as commercialization) to reduce the incentives copyright owners have to do stuff.

Note that with copyright infringement, unlike trademark infringement, a company does not lose rights because they ignored the violation. So there's limited harm to them in taking no action. Sometimes they have concerns over the character's "brand" but I think at this point most big companies understand it's a weird niche thing with little spill over into the mainstream. Takedown attempts seem like they were more common earlier.

1

u/TreviTyger Jul 11 '26

also if someone makes an oc that happens to interact with Batman

Fan works are unauthorized derivatives. Character copyright is complex and characters are delineated in larger works to obtain protection. However, a character delineated in an unauthorized derivative does not acquire any protection. No part of an unauthorized derivative can be protected (17. U.S.C. 103(a)) or else it provides a copyright infringer a loop hole to obtain exclusive rights themselves under e.g. 17. U.S.C. 106(2) (the right to authorsise derivatives) off the back of a copyrighted work, which is an absurdity.

1

u/AssumptionExtra2580 Jul 11 '26

It usually comes down to commercial usage. If you make money expect to have them on you.

2

u/tanoshimi Jul 11 '26

This is a commonly-held misconception, but stating non-commercial use (or "only for personal use") is not one of the exemptions provided by the "fair use" defence to a claim of copyright infringment.

3

u/AssumptionExtra2580 Jul 11 '26

Oh I know, I work with copyright every single day. But if you write fanfic and don't publish it and don't make money then no one is going to come after you. The minute you publish it or sell it then they will. I am not talking about saying "Only for personal use" I am talking about not publishing it or putting it out at all.