Copyright infringement question

[Tonks]

--- In HPFGU-OTChatter at yahoogroups.com, "horsenstuff" 
<horsenstuff at ...> wrote:
>
> Hello,
> 
> So you can not include them in your own Transformative Work if 
they are copyrighted?  I'm new sorry to be a dunce if I am.
> snip> 
> I'm new to the idea of works written that are based
> upon her characters and do not know the laws, etc.
> that would govern such.  
> 
(snip> 
> So, what to do if you want to write a work that 
> involves aspects of Rowling's books?  Is that possible
> or is everything immediately squelched if there is a
> hint of it?  Is there a website, guidelines, online
> group and even a way to "vet" works with J.K.
> Rowling's "people" so that they might eventually even
> make their way up to her approval and possible
> publication?
> 
> I'm not talking about a knock-off work - using the
> same words, people, everything.  No, one that includes
> it as the backdrop, some of the characters, and the
> main character is not in her books.

Tonks:
I am not an attorney. I am therefor not giving legal advise. I think 
that the only place that you can get away with using "the backdrop, 
some of the characters, etc." is in fanfiction that is not for 
profit. You see this all over the internet. If you are planning to 
write a book of fiction for profit, you have to create your own 
world and characters. You can not use hers without permission. And 
you will never get permission, I am sure.

On the other hand, if you are writing a non-fiction book about her 
work, that is another story. John Granger and others have done that. 
Steve at Lexicon is in trouble because his work does not discuss her 
books, but is more of a reference book with little if any original 
material of his own. 

Tonks_op