Copyright Law:
* Fair Use: US copyright law allows for "fair use" of copyrighted works for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research. Fan fiction often falls under this category, especially if it's non-commercial and transformative.
* Transformative Use: A work is considered transformative if it uses the original work in a new way, adding new meaning or expression. This is a key factor in fair use analysis.
* Commercial Use: If you're selling your fan fiction, or using it to promote a product or service, it's less likely to be considered fair use.
Other Legal Considerations:
* Defamation: If your fan fiction contains false and defamatory statements about real people, you could be sued.
* Right of Publicity: If you use the likeness or identity of a real person without their permission, you may be violating their right of publicity.
* Trademark Infringement: If you use a copyrighted character's name, logo, or other trademarks without permission, you may be infringing on those trademarks.
The Bottom Line:
* Risk exists: There is always some risk of being sued for writing fan fiction, even if it's non-commercial and transformative.
* Case-by-case basis: Whether you can be sued depends on the specific details of your fan fiction and the relevant laws in your jurisdiction.
* Seek legal advice: If you're concerned about potential legal issues, it's always best to consult with an experienced intellectual property attorney.
Recommendations:
* Be mindful of fair use: Make sure your fan fiction is transformative and doesn't infringe on the original work's copyright.
* Avoid commercialization: Unless you have permission from the copyright holder, don't sell your fan fiction or use it for commercial purposes.
* Don't defame or violate anyone's right of publicity: Be careful not to include false statements about real people or use their likeness without permission.
* Consider Creative Commons licenses: Consider using a Creative Commons license to clarify the rights you are granting to others to use your fan fiction.
Remember, the legal landscape surrounding fan fiction is constantly evolving. Staying informed about the latest developments in copyright law and seeking legal advice when needed is crucial.