Advances in Social Behaviour Research

Advances in Social Behaviour Research

Vol. 1, 22 December 2021

Open Access | Article

The Fair Use of Copyright in Fan Works

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

* Author to whom correspondence should be addressed.

Advances in Social Behaviour Research, Vol. 1, 58-64 Advances in Social Behaviour Research,
Published 22 December 2021. © 2023 The Author(s). Published by EWA Publishing
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Citation Xinxin Liu. The Fair Use of Copyright in Fan Works. ASBR (2021) Vol. 1: 58-64. DOI: 10.54254/2753-7102/1/ASBR_008.


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.


copyright, fan works, fair use


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.

Data Availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. Authors who publish this journal agree to the following terms:

1. Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.

2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.

3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See Open Access Instruction).

Copyright © 2023 EWA Publishing. Unless Otherwise Stated