Is it legal to create fanfiction that puts the original characters in a different genre without the permission of the copyright holder?
<p>Inspired by <a href="https://law.stackexchange.com/questions/52187/is-it-possible-to-use-creatures-from-an-rpg-like-dungeons-and-dragons-in-writi">Is it possible to use creatures from an RPG (like Dungeons and Dragons) in writing a book without infringing on copyrights?</a>, I did some research into whether fanfiction is legal. The answer seems to be <a href="https://www.trademarkandcopyrightlawblog.com/2016/10/10-copyright-cases-every-fan-fiction-writer-should-know-about/" rel="nofollow noreferrer">no</a>, with a single exception: you are allowed to critique or parody the original work (case #3 of the link).</p>

<p>If I take the characters of a well-known piece of work and cast them in a completely different genre, is that legal? For example, suppose I take Harry Potter &amp; Hermione Granger (two characters from the <em>Harry Potter</em> series, which is in the fantasy genre), put them in Hogwarts (a location from the same series) and write a bunch of sex scenes. Effectively, I've written my <em>Harry Potter</em> fanfiction in the erotica genre, which is very different from the fantasy genre.</p>

<p>Would this qualify as a critique or parody, or be legal in some other way? Or would it not matter, and therefore be illegal?</p>

<p>This would be a derivative work, which it is illegal to create without permission. Someone else owns the creative elements that went into those characters and you may not use those elements creatively in your own work without permission.</p>

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