How likely is copying to be found (by a court) and what are the possible remedies?
As mentioned in the legal introduction (see “Is there an infringement?”), a plaintiff must meet certain requirements in order to show that a FanFic author copied protected expression. In order to prove copying, it must be shown that the fan fiction author copied the work (either through direct or indirect evidence), and some of the copied elements are protected and that the “audience” of the work would also find similar elements. Since FanFic authors generally do not deny that characters and settings are borrowed (“copied”), as seen in their disclaimers, it is likely that copying will be found. Then you must raise the defense of fair use. What happens if I lose the case? If the court finds that you unlawfully copied, it has several possible options. First, and most likely, an injunction could be granted to prevent the author from publishing and distributing the FanFic. The infringing materials could even be destroyed. The court also has the power to award monetary damages. The amount o
