COPYRIGHT PROTECTION OF FAN FICTIONS IN INDIA

A STUDY

Abstract

Fanfiction has transpired itself into a popular form of creative expression, giving authors an arena to redefine and reinvent the fictional characters and narrations in their own unique style. It gives them a platform to express their distinctive ideas and thoughts thereby promoting creativity and innovation, aligning with the objectives of the Copyright legislation of various jurisdictions. Regardless of the transformative nature of fanfiction, it is often considered to violate the economic and moral rights of the creators because of its employment of the pre-existing copyright protected characters. The paper attempts to examine whether fanfiction is entitled to copyright protection or is it viewed as a copy of copyrighted work. It firstly looks into the legal protection offered to fanfiction in different jurisdictions, particularly the UK and US and then examines the legal standing of fanfiction under the Indian Copyright Act 1957. It contends that while fanfiction does offer creative freedom and has a transformative utility, its legal recognition specifically depends upon its non-commercial usage and its application under the narrow contours of the fair dealings’ exceptions given under the Copyright Act. It thereby highlights the need of a clear legal structure to balance the interest of copyright holders and the promotion of the advancing framework of transformative innovativeness.