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AUs with Names Changed

I've been wondering- what would be the legal situation if one were to write an AU fanfiction taking place either in the real world or a world of the fan's creation (or maybe an in-verse fic for a series that takes place in the real world), and then change the names?

Could they then claim it was original? Could they sell it as their own work? Would it change the situation if the original fanfic, with the names unchanged, was still available online?

I ask because I've read a lot of Twilight AUs with all werewolf or vampire characters as humans, and the characters are often so changed it seems they might as well be original.

EDIT: Also, what about real-person fiction (RPF) AUs, or fics that don't mention whatever real thing the people are a part of (their band, or the show/movie they acted in, etc)? If the names were changed, what would that mean? Could it be called original, and would having the fic with names unchanged online affect that?

Comments

johnnypenn
Mar. 24th, 2012 07:29 pm (UTC)
As long as you take out all the fan fic elements, it's fine. Because the rest of it is original.
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