Music sampling has become a well-respected form of art. So why isn't the same true of fanfiction, which follows similar parameters? Without the benefit of a true and well-reasoned legal precedent, fanfiction has existed in a gray area dominated by highly emotional arrguments. However, most of the emotional arguments offered against fanfiction actually support a finding that fanfiction is fair use. Authors would be better served by stripping the emotion from the discussion.
Stacey M. Lantagne,
The Better Angels of Our Fanfiction: The Need for True and Logical Precedent,
33 Hastings Comm. & Ent. L.J. 159
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol33/iss2/1