Paper Title
The Study of Fan-Fiction in Reference to Copyright Laws: A Critical Study
Article Identifiers
Authors
Kanav Manghani , Dr. Niharika Singh
Keywords
Copyright law and fan fiction
Abstract
This paper examines the complex legal position of fanfiction under Indian copyright law. Governed by the Indian Copyright Act, 1957, copyright protection extends to original literary, dramatic, musical, and artistic works. Fanfiction, which reuses copyrighted characters, settings, and narratives, is generally classified as a derivative work. Under Section 14, authors hold exclusive rights over adaptations, and Indian courts, following the “skill and judgment” test set by the Supreme Court in Eastern Book Company v. D.B. Modak typically requires a higher threshold of originality than fanfiction often demonstrates. The fair dealing doctrine under Section 52 offers narrow exceptions for private use, research, criticism, and review, but lacks the broader flexibility of U.S. fair use, leaving fanfiction largely unprotected. Transformative works that substantially alter the original material might qualify, but most fanfiction does not meet this standard. Additionally, Section 57 grants authors moral rights, allowing them to prevent unauthorized reinterpretations or distortions of their work, adding further risk for fanfiction writers. Fanfiction creators in India face potential copyright infringement claims, exposure to takedown actions, and moral rights challenges, especially when their work impacts the market for the original or misattributes the author’s intent. Overall, Indian law offers limited safe harbor for fanfiction, placing creators in a legally vulnerable position.
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How To Cite (APA)
Kanav Manghani & Dr. Niharika Singh (May-2025). The Study of Fan-Fiction in Reference to Copyright Laws: A Critical Study. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 10(5), 211-280. https://ijnrd.org/papers/IJNRDTH00218.pdf
Issue
Volume 10 Issue 5, May-2025
Pages : 211-280
Other Publication Details
Paper Reg. ID: IJNRD_306273
Published Paper Id: IJNRDTH00218
Downloads: 000121983
Research Area: Other area not in list
Country: New Delhi, Delhi, India
Published Paper PDF: https://ijnrd.org/papers/IJNRDTH00218.pdf
Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRDTH00218
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Current Issue: Volume 10 | Issue 10 | October 2025
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