Legal Scenario: Slytherin!Rowling vs. the Fanfic Author

[psychic_serpent <psychic_serpent@yahoo.com>]

--- In HPFGU-OTChatter at yahoogroups.com, "serenadust 
<jmmears at c...>"   However, it does seem plausible that a 
> lesser original author (or TV writer, etc) could actually take the 
> action you've outlined above and the fanfic author wouldn't be 
> able to do anything about it.  It's the price you pay for using 
> someone else's creation as the basis for your own stories.

If the person who did the stealing copied what you wrote word for 
word, then, based on what Heidi already posted, that sounds to me 
like you, as the person who actually authored the words, would have 
a case to make.  (Suppose, instead, that a fic that was based on 
some peripheral HP characters showed up as an episode of Charmed, 
with a lot of dialogue that was identical to that in the fic.  I 
believe, as a complete non-lawyer, mind you, that the fanfic author 
could sue the writer and/or producer of that episode, even though 
the author was originally using JKR's characters and even though the 
story was transferred to the Charmed universe.)

Plus, have to keep in mind that there are legal fanfics out there, 
or rather, derivative works produced with the full 
permission/cooperation of the originators.  Take Buffy/Angel and 
Charmed, for instance.  There are shelves and shelves of novels 
taking place in these universes available at your local bookstore 
(assuming it's one of those big chains).  How do we know whether any 
of those books has been plagiarized from fanfiction (from any fandom 
at all)?  Unless you take the time to read each and every one of 
them (and read all fanfiction available everywhere), you don't.  I'm 
well aware of the possibility of people stealing my words when I 
post fanfiction, but that's why I DON'T post my original fiction, 
some of which has grown out of my fanfic.  I've been rather unhappy 
whenever someone has plagiarized my work, but I suppose that's a 
danger of posting on the web.  The difference when someone who has 
published a book plagiarizes is that they are making money at it, 
and the original author is not seeing a dime or getting credit in 
any way.

To finish, I severely doubt that JKR would ever steal any of the 
lame things we put in our fanfics <g>.  I certainly hope she's going 
to give us something better in OotP than the collective ramblings of 
thousands of web-publishing Potterfans.  After all, she has to give 
us a reason to tear ourselves away from our computers when the new 
book comes out, right?

--Barb
 
http://groups.yahoo.com/group/Psychic_Serpent
http://schnoogle.com/authorLinks/Barb