Just saw a story where JK Rowling is suing a book publisher and fansite that planned to publish a guide to Harry Potter, and talks about how this could potentially impact internet fandoms.  Anyone know much about copywright law?  Here's the link to the story  http://omg.yahoo.com/jk-rowling-bashes-harry-potter-lexicon/news/7070?nc

I was just reading that earlier and shaking my head. It should've been very obvious to them that they should get her approval first and when she said 'no', they should've scrapped it at her request. To me it shows a big lack of common sense whether they can find a loophole in the law or not, because going that extra step to find the loophole so they can publish it against her will is when it just gets very rude and ruins it for the rest of us if authors suddenly get less accomodating of fanworks.

First stating I know nothing about copyright law - especially in this case which involves foreign copyrights and treaties and stuff, I have worked for lawyers a long long time.  Since we don't get paid or attempt to use JW's characters in order to publish books for money, I don't think this really affects us although Joss could probably bring down the hammer if he wanted to.  He might have a difficult time since he's known about fan fiction for at least ten years and did nothing.

In the Harry Potter case, the author is not publishing a novel using Rowling's characters.  It seems he's assembled stuff from her books, for which he would need permission to publish more than around a paragraph or so of any material that he's copying.  If he was just writing critical discussion about her work, he could probably do that, but he'd still need permission to quote more than a small amount.  Small amount would constitute fair use, 300 pages of quotes constitutes major ripoff.  He'll probably get shut down.  I'm surprised that the publishers legal department passed it.  An experienced author would have got permission for this kind of project first. IMHO

Yes, and what I meant is whether it is legal or not, it would've just been plain polite to ask first.

It sure would have. 

I've read quite a few articles about this, and the concerns about a possible impact on fandom is not so much that the guy (SVA) wants to publish something he most definitly has no right to do, but the arguments used in his defense. One of the arguments used by his/his publisher's lawyers is, that by allowing the website to exist, even reccomending it, JKR gave her consent to the project and lost the right to tell the author what else he can or can't do with the content of that site. WB on the other hand is very explicit in their documents, stating outright that they have no problem with non-profit websites and other fan-realted use of the material, but that it is the selling of a book for profit that they are trying to stop. What could cause trouble for fandom is if the court ruled in SVA's favor. It would set a predecent of how allowing fan-websites to exists caused an author to lose the rights on their work; at least some authors would certainly start closing down fan-sites if such a predecent existed.

I can't imagine there ever being a widespread closing down of fan sites. TV shows, books, movies, actors, bands, etc. get tons of free publicity from them - would they really want to give that up on the off chance that someone will try to get around copyright laws by having a website? I think this specific project goes beyond just a fan site, and the lawyers' argument is flawed - there's a difference between approving of or recommending a not-for-profit fan site and consenting to the publishing of copyrighted material for profit. JK Rowling obviously didn't have a problem with the website, or she would've sued before now. It's the fact that the guy wants to sell a book that's the problem, and whatever his lawyers try to argue, I think any precedent set will pertain solely to for-profit situations.

I can't imagine there ever being a widespread closing down of fan sites. TV shows, books, movies, actors, bands, etc. get tons of free publicity from them - would they really want to give that up on the off chance that someone will try to get around copyright laws by having a website?

Anne Rice had it done. She knew about the fan fiction sites and looked the other way for years. Then quite suddenly she has her lawyers demanding that the sites go down. I remember this happening because a lot of really good fics got lost.

TSR (the original publishers of the DragonLance novels) did this as well and there wasn't even fan fic on the sites.

So if JK Rowling decided allowing fan sites was more trouble than it was worth, then she could have them shut down.

JKR gave her consent to the project and lost the right to tell the author what else he can or can't do -

This is sound legal principle, but what one of us could afford to fight millionaire Rowlings or Whedon if they wanted to put the hammer down?  And, it would be easy enough for them to put pressure on the companies that host the sites.  They are vulnerable to the big lawsuit. 

I've seen a video clip of Joss W actually encouraging the proliferation of fan fiction (or pornography as he said).  Obviously, he knows which side his bread is buttered on.  Where would Buffy be, five years after going off the air without us hopeless romantics?  He sure wouldn't be in Hollywood palling around with his stars while the residuals rolled into the bank.  Bless his greedy little heart.

That is the reason why I save all of my favorite stories on the hard drive and back up my HD so that I never have to worry about this.   Ever since hearing about that lawsuit I have been saving all I could.  Fanfiction has literally saved my sanity at times and losing that will be a major blow if fan sites start getting shut down. 

I wonder if it will also affect livejournal sites where authors post stuff as well?   I really wish the idiot had asked JK Rowling's permission because one person truly has the ability to screw everything up for a lot of people...amazing...*rolls eyes and growls*

I just don't see how fan sites and fanfic sites is more trouble when the authors aren't having to keep them up and they definitely keep the interest of the public going, I mean, look at the love of Spuffy 5  years running and conferences are still highly attended and I am excited about seeing James Marsters in a lifetime movie on Sunday night in which he is a serial killer, no less.  All because of Buffy.  

I will stop babbling now, sorry...

Joss is very wise (and generous) to allow and encourage writers to use his world and characters.   Not all creators or writers are like that.  Fan Fic has, without a doubt, kept the interest in his characters at a very high level, which as someone pointed out is making him richer. LOL His characters are from a TV show, which, even with DVDs making it possible for people to continue to watch it, is not the same as a book which can remain in print and libraries as long as there is interest.  As an author, I can also understand how someone could feel so proprietary about her creations that she wouldn't want anyone else using them.  For either of two reasons - because the majority of the fics were so awful that the author worried they would ruin her world and characters for readers; or, they were so good that she was afraid that she would suffer from comparison. ROFL  Either one might make someone reluctant to allow other writers access to her characters and settings.

I can see how archives could be shut down by a determined author with enough resources to pursue it.   I'm not sure, in this world of everything's-on-the-interent, that it would be feasible for an author to try to prevent everyone from writing and posting on their own personal web sites or to things like Live Journal.  It would prohibitively expensive to try to track down and have your attorney notify in writing every single person who wrote and posted  a fan fic.  But it probably wouldn't take much to scare people off if five or six got singled out for lawsuits and word spread.

LadyY, I know individual people (mostly authors) have done it, and may continue to do it with or without this lawsuit. What I said was that I don't see this ruling leading to a widespread shutdown of fan sites across multiple fandoms. Particularly not ours, as slaymesoftly and Spikez_tart mentioned that Joss has been accepting and encouraging of fanfic.

Honestly, I think JK Rowling has every right to sue - the guy's trying to make money off her creation. We may enjoy playing in Joss' sandbox, but none of us are doing it for profit, and neither are 99% of the fan sites out there.