Is this called fanfiction? Or is it just me infringing on copyrights?

Falin
Is this called fanfiction? Or is it just me infringing on copyrights?
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Posted on:
oct. 8, 2008 - 13 59

For this year's NaNo, I have been planning a story involving Peter Pan. It would not be exactly the same of course, and is set in present day, but could this still be considered fanfic?
I am really excited about this story, and have been planning on it for sometime.
I know that there are other books about Peter that have been published and are doing very well, so I am still not sure how to think of this possible novel.
If it is not considered fanfic (I have never thought of it that way) then am I infringing on any copyrights?
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emergenceGlowing Halo
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Posted on:
oct. 8, 2008 - 14 30

Peter Pan is in the public domain now, so there shouldn't be any legal issues involved. :)

thekiddetective

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oct. 8, 2008 - 21 25

oh wow, that's pretty good to know - i had no idea!

Brickie

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Posted on:
oct. 9, 2008 - 03 56

Besides, I'm not sure that "fanfic" really has any legal protection, except that most authors/publishers choose not to make an issue of it as long as it's not for profit.

Still - Peter Pan, out of copyright, no probs.

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Posted on:
oct. 9, 2008 - 05 46

It's a derivative work, which you can call fanfic if you want. Peter Pan just recently hit the public domain, so he's free to use.

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Falin
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oct. 9, 2008 - 13 56

Ok, thank you. That's really good to know! Now I can write easier.

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tauriosiris

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Posted on:
oct. 10, 2008 - 03 53

emergence wrote:
Peter Pan is in the public domain now, so there shouldn't be any legal issues involved. :)

Actually, technically I don't think it is. The rights to Peter Pan were bequeathed to Great Ormond Street Hospital by JM Barrie, and when the copyright on the first book expired, GOSH authorised a sequel. So I assume, the characters are still under copyright. Unless it's only republication of the book, or performances of the plays that they get royalties from?

That said, you can write the story if you like. Publishing it may be a different matter, but fanfiction is very rarely published anyway!

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Posted on:
oct. 10, 2008 - 08 41

Here's an in-depth discussion of Peter Pan's copyright status:

http://www.alia.org.au/publishing/incite/2004/12/copyright.html

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xengab

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Posted on:
oct. 10, 2008 - 11 42

Wow it seems copyright has been extended in the US for Peter Pan until 2023. It would be so much of a hassle to get something like that published until that time has passed.. sheeesh.

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oct. 11, 2008 - 11 50

Not an attorney, nor a Canadian, but I found the following article re: fan fiction and legal rights to be interesting:

http://lrc.reviewcanada.ca/index.php?page=Friction-over-Fan-Fiction

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Posted on:
oct. 12, 2008 - 11 41

Dragonchilde wrote:
Here's an in-depth discussion of Peter Pan's copyright status:

http://www.alia.org.au/publishing/incite/2004/12/copyright.html


Right now it was declared in Public domain. I heard so from a Peter Pan author who wrote it and apparently looked it up. If it reverts again, they can't claim those books that published in this time period. But I doubt it will revert back.
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