Out of the Shadows and Into the Courts Fan Fiction and Fair Use Panel led by strangecobwebs CON.TXT 2008

Copyright exclusive rights to publish and sell literary, musical, or artistic work so that a creator "may reap the fruits of his or her intellectual creativity for a limited period of time"

Infringement unauthorized use of protected material illegally copying, distributing, performing in public, or displaying works without permission

Plagiarism claiming authorship of someone else's work using someone else's words or thoughts without giving proper credit

Paraphrase using the ideas or words of another person, but stating them in your own way explaining an idea or concept in another way, usually to simplify or clarify

Fair Use allows limited use of copyrighted material without requiring permission from owners scholarship, review, parody, critique

Derivative Based on copyrighted work Translation, musical arrangement, dramatization, fictionalization, movie version, sound recording, art reproduction, abridgment, condensation Any form that recasts, transforms, or adapts

Transformative "altering the original with new expression, meaning, or message" Campbell v. Acuff-Rose Music

Fair Use Guidelines Purpose and character of the use Nonprofit or commercial Nature of the original work Amount and substantiality copied "heart" of the work Effect on potential market for original work substitution

Relevant Court Cases Anderson v. Stallone 11 USPQ2d 1161 (1989) Author wrote proposed script for Rocky IV Stallone succeeded in infringement suit Suntrust v. Houghton Mifflin Co. 252 F.3d 1165 (2001) The Wind Done Gone, a parody of Gone with the Wind Intended as a comment on and mockery of original

Video Issue Intent; transformation Nature Amount of copying Substitution/Market for original Winner Vidder Creator Vidder

Audio Winner Creator Issue Intent; transformation Nature Amount of copying Substitution/Market for original

Relevant Court Case Campbell v. Acuff-McRose Music 510 U.S. 569 (1994) 2 Live Crew sampled "Pretty Woman" by Roy Orbison in order to parody it Parody must use original source for effectiveness