Unfortunately, that is simply not true. I strongly encourage you to check out these links for examples of fan fiction sites getting taken down for copyright violations:

http://www.chillingeffects.org/fanfic/
http://www.whoosh.org/issue25/lee1.html (check section 2.1 annd 2.2)

Anyone who knows their way around copyright law knows that all incidents of fan fiction are, technically, unlawful derivative works. It’s not that they’re copyright non physical elements, technically only the story itself is copyrighted, but copyright law protects the non physical elements of the story.

I’m sorry, the law does not favor your perspective and both t he 2nd and 9th circuit have said so.

Unfortunately, that is simply not true. I strongly encourage you to check out these links for examples of fan fiction sites getting taken down for copyright violations:

http://www.chillingeffects.org/fanfic/
http://www.whoosh.org/issue25/lee1.html (check section 2.1 annd 2.2)

Anyone who knows their way around copyright law knows that all incidents of fan fiction are, technically, unlawful derivative works. It’s not that they’re copyright non physical elements, technically only the story itself is copyrighted, but copyright law protects the non physical elements of the story.

I’m sorry, the law does not favor your perspective and both t he 2nd and 9th circuit have said so.

You cannot copyright a character. You cannot copyright a name. Both of these fall outside of the realm of copyrights.

What fan fiction writing typically break are trademarks. LucasArts owns the trademark to the name Star Wars, and to many famous names like Jedi, Luke Skywalker, and Han Solo. By writing a fan fiction, you are break these trademarks, not the copyrights.

Breaking copyrights almost always refers to making a copy of an existing piece of work. I believe the only other method of breaking copyright is using a selection from a piece of work to create something yourself (ie. sampling or unreferenced direct quotes).

I just think that this should be clarified.

You cannot copyright a character. You cannot copyright a name. Both of these fall outside of the realm of copyrights.

What fan fiction writing typically break are trademarks. LucasArts owns the trademark to the name Star Wars, and to many famous names like Jedi, Luke Skywalker, and Han Solo. By writing a fan fiction, you are break these trademarks, not the copyrights.

Breaking copyrights almost always refers to making a copy of an existing piece of work. I believe the only other method of breaking copyright is using a selection from a piece of work to create something yourself (ie. sampling or unreferenced direct quotes).

I just think that this should be clarified.