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2018 N.Z. L. Rev. 1 (2018)

handle is hein.journals/newzlndlr2018 and id is 1 raw text is: 1 Fan Fiction: A New Zealand Copyright Perspective JAMES J ANSON-HOLLAND* The growing popularity offanfiction is increasingly seen as a threat to a copyright owner economic position and creativity. This article considers to what extent, ifany, a person should be able to produce a literary work offanfiction without infringing the copyright of an original work if that person takes an entire work, but not the exact words and expression, and expands or modifies the perspective, conclusion, settings or characters. The proliferation offan work raises interesting questions of law and policy that are yet to be substantively raised or considered (judicially or academically) in the New Zealand context. A comparative analysis with the United States guides the article 's consideration of copyright protection, infringement and defences which necessarily leads into a discussion on like-treatment with academic works. It is on the above basis that the article then comes to the conclusion that the theoretical underpinnings of copyright law should be seen as encouraging fan work, rather than preventing it. In truth, in literature, in science and in art, there are, and can be, few, if any, things, which, in an abstract sense, are strictly new and original throughout. Every book in literature, science and art, borrows, and must necessarily borrow, and use much which was well known and used before. -Justice Story' *Solicitor, Litigation and Dispute Resolution Team, Wynn Williams Lawyers. This article was originally submitted in partial fulfilment of the requirements for the Bachelor of Laws with First Class Honours degree at the University of Canterbury, Christchurch, New Zealand. The author gratefully acknowledges the invaluable assistance of Ms Che Ekaratne in the preparation of this article. The author would also like to thank Mr Shane Campbell for the helpful comments and advice. Any errors and omissions are his own. 1 Emerson v Davies 8 F Cas 615 (CCD Mass 1845) at 619.

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