Fan Fiction in Canada
For all you fanficcers out there, an interesting take on fan fiction from the Canadian legal perspective, i.e., whether fan fic would be legal in Canada if it ever went to court there. The author suspects not and notes that in Canada (and much of the rest of the world outside the US) there’s an additional layer of complication in that the author is assumed to have a “moral right” to a work which includes some strictures on how the work (and the characters within) is to be used. There is no moral right issue in US law, of course, because we in the US don’t have morals. Or something.
The article also namechecks the Organization for Transformative Works, the group founded last year to (among other things) promulgate the idea that “fannish” works are transformative and thus legal. My thought on that last year was that it was an interesting idea but probably wrong, and at this point I’ve not seen too much that convinces me otherwise. I’ll note that no one seems to be in a rush to push a test case into the courts.