Do fan fiction writers have a free speech right to publish their work?
The First Amendment protects free speech, but there is also a copyright clause in the Constitution. These two legal rights are often in conflict, and so the rights of fan fiction writers to write and speak freely and the rights of the copyright owner must be balanced. Each situation can be researched and individually evaluated, but it is important to understand there are no easy answers as to who has a right to the characters. Copyright law is designed to encourage authors to be creative by rewarding their efforts and protecting their work from others who might profit unfairly. This right must be balanced by society’s need to have others not be limited by previously published protected works. There is not a clear “right” and “wrong” side in the battle between copyright owners and fan fiction writers.
