SO far, there hasn’t been a major lawsuit involving a fan fiction author being sued for infringement of copyright.

But according to copyright lawyer Ken St. James (pic), it’s best to stay on the safe side and obtain consent from the original author anyway.

“Even if it’s just published online, it can still be an infringement of copyright, which is meant to prevent people from reproducing the work in any material form,” he said. “If the original authors don’t require any royalty or place any conditions, that’s good – but consent must be obtained to avoid a lawsuit.”

In a video on YouTube about the legal ramifications of fan fiction, Georgetown University law professor Rebecca Tushnet said non-commercialising works should be considered as fair use as it is creatively transforming materials in a manner that copyright law encourages.

“It’s a legitimate human activity, especially in its non-commercial aspect. It is something worth protecting,” said Tushnet.

Tushnet, who is a fan fiction writer herself, helped found the Organization for Transformative Works which seeks to legalise fan fiction. The organisation also helps fan fiction authors understand their legal rights and defend themselves when original authors request they take down their work.

But more importantly, James said Malaysian fanfic authors should be mindful of the country’s laws on pornography, because you can be prosecuted under criminal law if the fanfic you write has any pornographic elements. — By Christine Cheah