Thursday, January 10, 2008

when does fan-generated content become copyright infringement?

(too lazy to come up with a witty headline)

I've been using the harry potter lexicon since 2002, and it's been invaluable in helping scope my research for my senior essay, review forgotten plot points, and prepare for the release of book seven. my guess is that this and other similar websites have turned many a casual HP fan into a super-fan, and the authors have put an untold number of hours into creating this resource for (I assume) no money. now they're looking to publish the fan-created guide in book form, and how does ms. rowling thank them for keeping fans happy and informed between book releases? with a lawsuit!

while I have little to add on the legal issues themselves (comments from the lawyers and almost-lawyers who follow the blog are welcome), I just wanted to make it known that my reaction to this lawsuit is a big fat BOO. as long as the fan-generated content makes it clear that it was neither created nor endorsed by the original author (and especially if it makes no sense without having read the original books), I see no problem.

thoughts?

3 comments:

Anonymous said...

I am in 100% agreement. Having no legal background, clearly I can't comment on that aspect, but I think that Erica's astute observation pointed to the business implications here--the fans are generating more fans! It's in JK's best interest to perpetuate this!

Plus, theologically, JK's mindset here is one of jealousy and possessiveness, which is definitely not in the spirit of imago dei and all that. So I totally disapprove.

^kat^ said...

As a lawyer-like person 'round these parts, I first feel obligated to point out that the byline is Tim Wu, who is a) my main man in support of network neutrality (which I wrote my Telecom paper on this past semester), and b) a buddy of my Telecom prof, who envies his gig writing for Slate.

Anyway. I agree also--apart from Tim's valid legal args (it's a work she doesn't actually have control over, notwithstanding fair use justifications), JK has made her millions through the rabid support of people like these. It's rather hypocritical to now pull the rug out from under them. Anyone who is inclined to buy HER official HP compendium is going to buy it regardless of whether these sites exist or not. The people who aren't (like, quite frankly, me--I don't need it; I'm content to reread the books if I so desire) just appreciate the fact that if they do want an HP refresher, it's right there, on the web, like everything else.

JK is really starting to piss me off. First with all the non-canon crap she's releasing in interviews (their professions! dumbledore's gay! blah blah), then releasing Beedle the Bard but only to the very, very rich and/or special, and now this. I will always appreciate the characters she's created, but I'm starting to think she can go, er, procreate with herself. Ahem.

Anonymous said...

I'm in agreement as well! The less I knew about her, the happier I was. She doesn't seem like a very nice person. However, I feel like I'm doing my best to retaliate here--I got all 7 books for free thanks to the wonderful desk copy phenomenon and am about to put money into my bank account thanks to her literary successes! Yippy for my class!