Theory and practice of intellectual property
№ 1 / 2018

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

PDF (Ukrainian)

DOI: https://doi.org/10.33731/12018.155982

Published      2018-02-27

Legal nature of fanfiction. Fanfiction as modern art

Olha Ulitina
Ukraine

Abstract
The article is dedicated to the problem of legal nature of fanfiction. Fanfiction is a part of new modern art. The issues concerning the legal status of new kinds of art today are one of the most interesting and not fully developed questions in the field of copyright. The article deals with the question about whether the authors of fanfics infringe the rights of the authors of original works or not. The article identifies the main characteristics of fanfics, which are important for establishing the legal nature of fanfiction. The article contains the analysis of existing Ukrainian legislation, which regulates issues of copyright on original works and fanfics. It also analyses the legislation of the USA in this field.

Keywords: copyright, fanfiction, copyright object, fanfic, derivative work, parody