Consolidating All the Groups into One - Fan Fiction

bboyminn bboyminn at bboyminn.yahoo.invalid
Mon Jan 18 00:21:20 UTC 2010


--- "Geoff" <gbannister10 at ...> wrote:
>
> ---  "bboyminn" <bboyminn@> wrote:
> 
> Steve/bluewizard:
>  
> > I don't think any HPFGU groups should allow the PUBLICATION of
> > fan fiction. I think at best, any fan fictions being discussed
> > should be hosted somewhere else and only linked to. 
> > 
> > I think, even though JKR tolerates it, there are some issues
> > around copyright and trademark, and while JKR may be tolerant
> > Warner is not. 
> 
> Geoff:
> I've rather got the impression that we have not been advocating 
> the publication of fanfic, rather discussion about the genre which 
> I think falls safely into the orbit of critical evaluation.
>

bboyminn:

Sorry, I wasn't intending to suggest publication was specifically
allowed. I was simply making the side point that when it came to 
fan fiction, there are some perils. 

Discussing fiction which has been linked to, I can't see how 
that would get the group into trouble. But, in saying we are 
allowing 'fan fiction', which is how it was stated several 
times, I wanted make sure we were all on the same page. 

As to Warner, they have bought the rights to a lot of aspects
of Harry Potter. It is, so far, not the publishing company 
that is going after people. It was Warner that stopped fan
groups from using any direct Harry Potter terminology in the
names of their fan gatherings and conventions. It was Warner
who tired to sue a house wife, because she sent out open
invitations to a 'Harry Potter' Halloween Party. They have
only limited objection to the party, but they strongly object
to her using the name 'Harry Potter'. Even though this was
a small gathering in her house. 

Also, Yahoo doesn't engage in diplomacy when they get a 
complaint. They deal with countless thousands of complaints,
and they deal with them in a cut-and-run fashion. If a 
complaint is lodged, the offending group is delete with little
or no debate or discussion. I've had several user names deleted
with no explanation, and no room for appeal or re-enstatement, 
which is why I always have a back up name registered. And if 
the complaint comes from a big company like Warner, one with 
lots of lawyers, I don't see our chances as being good. 

I also don't think JKR has given approval to fan fiction,
she simply hasn't objected. She tolerates it. But she hasn't
flat out said it is OK. I think she will continue to tolerate
it, for as long as no one tries to make any money, and for as
long as it doesn't effect her. 

She does have an advantage in that she isn't really writing
any more Harry Potter stories. There was another author, 
though I can't remember who, who was tolerant of fan fiction
until she wrote another books and a fan sued her for stealing
the plot from the fan. That ended her tolerance of fan fiction. 

So, I'm simply saying that long before it becomes an issue,
let's start out saying clearly, no fan fiction publication.

Steve/bboyminn






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