[HPforGrownups] Re: Harry Potter, The Final Chapter or just the beginning???

[Random832]

No: HPFGUIDX 178554

> Bart:
> 	We've been through this before, but it bears repeating: Marion Zimmer 
> Bradley tried this with her Darkover series. She ended up getting sued 
> by a fan writer, and lost a couple of years of work because of it. It's 
> a nice thought, but unfortunately, Lidofsky's Law states, "If it's 
> legal, and you can make money from it, somebody's going to do it."
> 
> 	Bart

Random832:
http://www.fanworks.org/writersresource/?action=define&authorid=53&tool=fanpolicy

As with many such things, it seems this is not quite as simple as that.

Sources appear to differ rather wildly on the extent of the fan work in 
question (whether it was a full novel-length piece, a short story, or, 
according to at least one of the quotes, what would in today's fanfic 
world be called a "plot bunny"), the nature of its publication (was it 
published in a fan-zine, sent in unsolicited to MZB, etc?), MZB's 
involvement (anywhere from 'totally unaware of it until threats started 
coming in' to 'wanted to use the idea and asked the fic author for 
permission'), etc. There doesn't appear to have ever _been_ an actual 
lawsuit, just the threat and/or fear of one. This is all assuming that 
they even all describe a single incident.

Also, there does appear to have been, at some point in time after the 
controversy, a release form that a fanfic author could sign, in exchange 
for permission to write.

Further reading:

http://www.mercedeslackey.com/am_games.html
Mercedes Lackey, in 2002, on fanfiction
(note that some of the answers here are a bit weak on how intellectual 
property law actually works, and one extremely rude response that 
totally misconstrues what is being asked shows that some of these 
policies are likely based more in paranoia than any fundamental reason 
an author could not allow fanfiction)

P.S.

A more substantial barrier to JKR allowing fanfiction is likely the fact 
that she apparently doesn't own the characters, names, or "related 
indicia" (whatever that is), anymore: those belong to Warner Brothers.

--Random832