The Fair Use Doctrine

[kempermentor]

> > Alla:
> > we do agree that the case may have this effect on fandoms
> > regardless of whether one think what Steve did was
> > right or not, yes?

> CJ:
> Right morally or legally? But yes, we agree. Whether JKR wins or 
> loses, there will be a chilling effect on fandom. 
> If she wins, sites will come 
> down (or not go up) for fear of copyright infringement. If she loses 
> because the judge rules she didn't properly protect her intellectual 
> property, legal heads will become even more paranoid, and you can 
> expect the number of C&D letters to mushroom. Fans will be  
> intimidated into pulling down websites 
> even when the law is on their side.
> Either way, I think fandom may be in for a rough ride.

Kemper now:
That's wrong.  If she wins sites will remain up, future fans of other
works will write fanfic, create fan art, establish fan groups, go to
conventions, etc.  It is already established that Original creators
have defined how they are willing or unwilling to grant fans indulgences.

Many upcoming writers (I imagine) would love to have fans of their
work starting anything to do with their original work.  Writers
(artists) want/need a fan base: to spread word, to increase sales, to
quit their day job.  This is why most writers allow for fan
indulgence.  Why piss off your fans?  They are a writer's pita and
hummus. 

Kemper