As a note, while doing research for a project at work, I came to the
conclusion that fan fiction is technically a violation of copyright,
irrespective of the intention to make money or not, as falls under
the right to control how one's characters are portrayed and/or
used. In practice, as Thomas says most copyright holders seem to
turn a blind eye (pardon the pun), but this precedent in no way
forbids anyone from enforcing their copyright; it's not like patents
in that respect.
Christopher Bartlett
At 07:55 PM 5/9/2007, you wrote:
>Hi Nicol,
>
>Quote
>
>I learnt something new today. So if I understand the members' correctly,
>the south African harry potter stories which are different from the
>original jk rowling books is fan fiction and there's nothing wrong with
>fan fiction?
>
>End quote
>
>Generally, as long as the fan fiction material remains free it is
>generally ok to create and pass around. I've read several Star Trek,
>Star Wars, Harry Potter, and other fan fiction stories over the years,
>and a few of them were really quite good. Fan fiction is very widely
>spread, and the creaters of Harry Potter, Star Trek, Star Wars, etc
>generally leave them alone. I guess they figure as long as it is free it
>isn't hirting anyone.
>However, the moment someone comes along and creates a product for sale
>weather it is a book, vidio game, collecter plate, etc you can find
>yourself in hot water with the copyright owner/owners.
>When Activision and Raven Software came out with Star Trek Elite Force
>they had to get special permission from Paramount to create the game and
>market it. When Hazbro began creating Star Wars figures they had to pay
>up front royalties to create all the Star Wars action figures we see in
>K-Mart, Wal-Mart, Toys Our Us, etc...
>If you want to write a book about Star Wars, Star Trek, Batman, etc you
>have to pay royalties on your sales to the copyright owner, as well as
>publish it through their official publishers. It also helps to know
>someone who is well connected to the copyright owner or owners.
>That is why almost everytime you pick up a Star Wars book Star Trek
>book, etc the authors are usually insiders or well connected to those
>who control those copyrights. Perhaps they write the screen plays for
>the shows, work on the comic books, or several other anonymous
>positions, but their position gives them access to getting the
>authorisation to do it legally, and make a proffet off of it.
>So for a small time developer the best we can hope for is write a game
>and put in the relm of fan fiction. To be classified as fan fiction it
>really should be free. Phil wanted to do something like Harry Potter,
>but be different enough not to be a 100% full HP game. If he made a 100%
>HP game and sold it then he would really be in hot water if J.K. found
>out and decided to do something about it.
>Though, my guess is J.K. probably will not here about it, and second
>even if she did there would be little money and lots of bad press going
>after a blind developer.
>Finally, I don't think George Lucas, J.K. Rouling, etc are bad people,
>but they simply surround themselves with big shot lawyers to protect
>their copyright interests and we small guys have no chanse of
>realistically speaking to them directly to find out weather or not they
>would allow for a blind game to be written.
>
>
>
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