FAN FICTION AND PARODY: ENABLING FAN WORKS AMIDST THE ABSENCE OF A COPYRIGHT LAW REFORMATION

Abstract

This article aims to describe the popular phenomena of fan fiction and to analyze its viability in relation to the Brazilian copyright law. Fan fictions are literary works produced by fans using elements of original stories, such as characters and scenarios, for the elaboration of a new work. This work is then freely shared among fans through online platforms. Because of its composition, this type of production is considered "derivative work" under the current copyright law, something that requires authorization from the copyright holder. The law, however, provides some situations in which the necessity of authorization is not required (called "limitations to copyright”), one of which is "parodies". We then tried to understand what is considered as a “parody” by the literature and Brazilian law cases. Finally, we sought to identify which categories of fan fiction could be framed within the limitation, in order to enable that kind of cultural production amidst the lack of a copyright law reformation.

Keywords

• direito autoral
• fan fiction
• paródia
• produção cultural.