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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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