Legal Scenario: Slytherin!Rowling vs. the Fanfic Author

[serenadust <jmmears@comcast.net>]

--- In HPFGU-OTChatter at yahoogroups.com, "psychic_serpent 
<psychic_serpent at y...>" <psychic_serpent at y...> wrote:
>
I wrote:
   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.


Barb replied:
> 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.)

Me:
I suppose (again, as a non-lawyer) the fanfic author could have a 
case to make in the situation described above.  I think that your 
example is a bit different from the one in the original post, since 
it involves a third party, if I understand it correctly (HP by JKR, 
HP by fanfic author, writer for TV show).  I have no idea what the 
outcome would be in that case, but it would certainly be interesting 
to follow.


Barb wrote:
> 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.


Yes, I think that when money is involved, the legalities become 
clearer.  Do fanfic authors actually plagiarize each others work?
I never imagined that actually went on.


Barb again: 
> 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?


I think you're absolutely right!

Jo Serenadust