Is fan fiction protected by copyright law?

In Delaware, fan fiction is generally not protected under copyright law. This means that, while fan fiction authors may have moral rights to their work, such as the right to be recognized as the author, they are not protected from people using their work without permission. Under U.S. copyright law, works that are not original cannot be copyrighted. If a fan fiction author uses components from an existing work, such as characters, plot, and settings, then the fan fiction is not considered original and therefore cannot be copyrighted. Additionally, the original author retains all copyright in the original work. This means that, while fan fiction authors may be credited as the authors of their works, they cannot legally control how other people use their work. However, fan fiction authors can still protect their works by using other forms of intellectual property law, such as trademarks or state laws that protect the right to publicity. Additionally, some copyrighted works have limited exceptions that allow for limited uses. For example, the fair use doctrine allows for limited use of copyrighted works under certain circumstances. Ultimately, fan fiction in Delaware is generally not protected under copyright law. However, fan fiction authors still have ways to protect their works and should be aware of other avenues for protecting their works.

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