• ILikeBoobies@lemmy.ca
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    11 months ago

    US law is on the Estate’s side

    If the characters/events from LOTR are a big part of his fan fiction then the Estate can have it destroyed

    Also since the author had no legal ownership of the works, there is nothing wrong with the people who have rights to it using it

      • ILikeBoobies@lemmy.ca
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        11 months ago

        The if part is what gets argued in court

        https://en.m.wikipedia.org/wiki/Transformative_use

        transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original

        Fifty Shades vs Twilight would be transformative

        Anderson v. Stallone

        Would be the most likely case reference for this ruling where Anderson made a Rocky sequel and it was deemed infringement

        • bane_killgrind@lemmy.ml
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          11 months ago

          Yeah wow it’s like I thought ( the right holder being able to dick around writers)

          It was strikingly clear to the Court that Anderson’s work was a derivative work; that under 17 U.S.C. section 106(2) derivative works are the exclusive privilege of the copyright holder (Stallone, in this case); and that since Anderson’s work is unauthorized, no part of it can be given protection.

          After he had meetings with MGM about using that script.