REPOST: Re: Legal Scenario: Slytherin!Rowling vs. the Fanfic Author

[ER <ression@hotmail.com>]

--- In HPFGU-OTChatter at yahoogroups.com, "heiditandy" <heidit at n...> 
wrote:

> Actually, that is what I was saying. If JKR uses a fanfic writer's 
exact
> words, taken from the fanfic itself, then she would likely be 
infringing
> on the fanficcer's copyright to do so, if you look to the Copyright
> Act's specific language. If she merely used the same idea and 
different
> words, there would be no cause of action under copyright at all. 
> 

Ah, that's not so bad then - I had thought JK would be unable to use 
the idea at all without infringing copyright. How much change would 
she have to make to the words? Assuming Hermione was "swishing" a 
wand in the FanFiccers version could JK just have her "waving" a wand 
in, say, a fifty word paragraph? Or would the changes have to be 
greater? Could she have the same character carrying out the same deed?

ER