[HPFGU-OTChatter] Re: Legal Scenario: Slytherin!Rowling vs. the Fanfic Author

Heidi Tandy heidit at netbox.com
Fri Feb 7 02:08:43 UTC 2003


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.)

Serenadust replied:
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

Now, me:
Actually, it wouldn't. If the fanfic is protectable by copyright, at least in terms of the original content, it wouldn't matter who infringed on it - whether jkr or a third party.     

Once a work is protected by copyright, it's protected against any infringers. 

The difference would be that jkr could countersue for copyright infringement, whereas the third party infringer couldn't. 




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