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Courses/Technology, Privacy & Intellectual Property/Intellectual Property

The Curious Lawyer: Fanfiction or Fifty Shades of Fair Use

Why the most devoted fans are often the most vulnerable to copyright litigation.

Created byNew Media Legal Publishing, Inc.
IntermediateUpdated Oct 19, 2026
The Curious Lawyer: Fanfiction or Fifty Shades of Fair Use

What You'll Learn

check_circleAnalyze the legal distinction between reproduction and derivative works in the context of fan fiction.
check_circleApply the three-part test for character protection to determine if a fan work infringes on original rights.
check_circleEvaluate the impact of the Warhol decision on the transformative use defense for fan-created content.
check_circleAssess the legal risks associated with commercializing fan fiction and using generative AI tools.
check_circleDistinguish between enforceable copyright claims and the practical realities of rights holder forbearance.

About This Course

Have you ever thought you could write the best next version of Star Wars? If you do, and they use it, you may find you have no rights at all, as an erstwhile author of a Rocky script found out. Welcome to fanfiction! The world’s largest body of derivative works ever created exists across the internet in the form of fanfiction, odes by fans of particular universes to their favorite characters, stories, universes. And it is exploding in the AI age as video AI machines enable cheap recreation of visual universes for everyone.

At the same time, little of it has been litigated. This program will explore fanfiction through copyright law, from derivative works to fair use, and right of publicity law, all of which touch on fanfiction. It will take you on an odyssey through case law from Sherlock Holmes, to Rocky Balboa, all the way to Batman, Sam Spade, Gone with the Wind, and Fifty Shades of Grey, and offer practice pointers for clients who may be fanfiction authors, publishers trying to manage the threat to franchises, and original creators.

Your Instructors

New Media Legal Publishing, Inc.
New Media Legal Publishing, Inc.

Legal Technology & Education

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New Media Legal Publishing, Inc. is a legal publishing company based in Los Angeles, California, that develops, produces, markets, and distributes innovative legal education content for law firms and companies.For more information about NMLP and its products, please visit http://www.newmedialegal.com.

Peter Afrasiabi
Peter Afrasiabi

Intellectual Property and Entertainment Lawyer

Peter has been named a Top Intellectual Property and Entertainment lawyer by Variety magazine and has been a legal commentator on NBC, CBS, The Wall Street Journal, and national radio programs. His focus is on intellectual property and appellate litigation, and he has litigated scores of federal appeals on copyright, trademark, patent, and related business tort issues. He directs a Ninth Circuit Appellate Litigation Clinic at the UCI School of Law, where he litigates political asylum and refugee appeals. His recent book, "Burning Bridges," has been optioned and is under development by Hollywood, receiving widespread acclaim for its account of the Cold War serial trials against labor leader Harry Bridges. Peter is also a faculty member at the National Institute for Trial Advocacy and a recognized “Super Lawyer.”

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We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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