Fanfic zines

[Penny & Bryce Linsenmayer]

No: HPFGUIDX 9823

Alexa wrote:

> Legally, disclaimers mean nothing. When we write fanfiction, we are
> infringing on a copyright, we're doing it wilfully, and that could be legally
> actionable. Now, whether a specific case would be won or not, that's another question.
> I'm waiting for the day when we get a good fanfiction test case in court,
> because I think the argument can be made for fair use and the validity of art forms
> that incorporate appropriated material and popular culture as modern
> folklore and yadda yadda yadda.
>
Well, I wouldn't say disclaimers mean *nothing* -- they are some defense at
least.  IMO, it's better to have a disclaimer than to have no disclaimer.  But,
as a lawyer, I will say that disclaimers are typically more boilerplate than
anything else ... and definitely not a solid defense in this sort of situation.
Out of curiosity based on recent discussions, I did some internet sleuthing on
legal sites regarding fanfic -- I turned up nothing.  I don't think it's been
litigated really at all yet.  Which brings me to .....

Neil Ward wrote:

> I could see attention being drawn to the HP fanfic zines that some people are
> describing, if people have to pay for them.  "Quality zines" costing $10-$20
> could, I imagine, be subject to criticism, if not action, by JKR, the
> publishers or even Warner Brothers.  I think the only thing that keeps
> ff.net away from this is the fact that there is no charge being levied to
> readers.

This is my fear: that HP fanzines would end up being the test case in
litigation.  Like Alexa, I'm worried that WB may make waves -- their C&D letters
to website owners may indeed be a portent of things to come.  I think fan zines
might be just the straw that would break the camel's back.  JKR herself has said
that she's thrilled that people love the characters & the HP world enough to
create fanfic.  But, I wonder if she's been exposed to some of the better
fanfics and what she might say about that.  <shrugs>

I happen to know our resident Intellectual Property lawyer is away at a
conference (and sick to boot!) .... but I'm sure Heidi will chime in to these
discussions when she returns.

Penny


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