What if Captain Kirk and Mr. Spock actually did share a romantic relationship? What if Sauron had won the War of the Ring? What if Katniss had not volunteered for the annual Hunger Games and had let her little sister participate in the deathful competition to fight for her bare life? Who knows…? Authors inevitably leave the readers of their stories deprived of information, additional plotlines and answers to countless "what ifs".
Imaginative homo- and heterosexual relationships, the continuation of deceased characters or simply alternative endings of novels rob true devotees of sleep on a regular basis. So much so that discontent of fans, combined with their creativity and willingness to awaken the author within themselves, has enabled fan fiction to emerge as a popular form of fan labor with many subgenres. Being loosely defined as "any prose retelling of stories and characters drawn from mass-media content", fan fiction has appeared in fan magazines and other forms of print since the 1930s.
The "explosion" of the internet in the late 1990s and early 2000s, however, has taken fan fiction to a new level of popularity. Fellow fans across the globe can interact with fan fiction, and the writers are given international recognition within their respective fandoms.
This widespread recognition has also had the effect of attracting the attention of original authors, and them being confronted with stories revolving around the universe that they created. While many authors have publically stated their tolerance for or even praise of fan fiction, and have even encouraged it, others have dispraised it for its shrewdness, sexuality or often times its dreadful style of writing. However, authors have taken legal actions against plenty of their admirers in the past – regardless of their personal stance on fan fiction.
This paper will deal with the infringement of the author’s rights through fan fiction under the U.S. Law and "probably most famous lawsuit ever brought by an author against a fan" – J.K. Rowling against Steven Vander Ark (and RDR Books).
Table of Contents
1. Introduction
2. How is the Author’s Work protected
2.1 Intellectual Property
2.2 Copyright Law
2.3 Fair Use
3. Warner Bros. Entertainment Inc. and J.K. Rowling v. RDR Books
3.1 “The Lexicon”
3.2 Rowling’s Reasons for taking Legal Action
3.3 The Ruling
3.4 The re-edited Version
4. Conclusion
Objectives and Topics
This paper examines the legal implications of fan fiction under U.S. Law, specifically focusing on the tension between fan creativity and the intellectual property rights of original authors. The primary research question addresses how fan fiction can infringe upon copyright laws and whether such secondary works can be protected under the Fair Use Doctrine.
- The legal framework of intellectual property and copyright protection for authors.
- The four factors of the Fair Use Doctrine in the context of fan-created derivative works.
- A detailed legal case study of the lawsuit: Warner Bros. Entertainment Inc. and J.K. Rowling v. RDR Books.
- The role of "transformative" use and its limitations in commercial fan fiction publications.
- The personal motivations versus economic interests of authors in litigating against fan creators.
Excerpt from the Book
3.1 “The Lexicon”
Steve Vander Ark, a former library media specialist at Michigan middle school and an avid fan of the Harry Potter book series, began taking notes on the events occurring in the second book of the series in 1999. These notes contained very detailed elements of the content of the book such as spells, characters and fictional objects. After joining an online discussion group and receiving positive feedback on his work, he decided to establish a website containing organized and detailed information on the series. The website was launched in 2000 and quickly became the most significant source of information for fans.
In response to the fan’s desire to structure the website as an encyclopedia, Vander Ark created an A-to-Z index which allows visitors to explore “Characters”, “Creatures”, “Magic” and “Events” with the content being listed alphabetically.
“Welcome to The Harry Potter Lexicon. The most compleat and amazing reference to the wonderful world of Harry Potter” the caption at the top of the website reads today, expressing its totality and elaborateness concerning the fantasy novel. The website offers fans lists of places, people and various elements of the successful book series such as “Encyclopedia of Portions”, Wizards, Witches, and Beings” and “Encyclopedia of Spells”. Furthermore the website features commentary, time lines, fan art and forums, thus making it an interactive platform where fans worldwide can exchange ideas and thoughts while also offering them an outlet for their creativity, where the can receive feedback from fellow admirers of the novel.
Summary of Chapters
1. Introduction: The chapter introduces the phenomenon of fan fiction and establishes the research focus on U.S. copyright infringement and the legal protections afforded to original authors.
2. How is the Author’s Work protected: This chapter outlines the fundamentals of intellectual property and copyright law, explaining how creative works move from abstract ideas to protected specific expressions, and introduces the Fair Use Doctrine.
3. Warner Bros. Entertainment Inc. and J.K. Rowling v. RDR Books: This chapter provides an in-depth analysis of the high-profile legal dispute regarding the "Harry Potter Lexicon," covering the origins of the website, the motivation behind the lawsuit, the court's verdict, and the subsequent edited release.
4. Conclusion: This chapter synthesizes the legal arguments regarding fan fiction, reiterating that while not inherently illegal, fan works often exist in a precarious legal gray zone that makes them vulnerable to copyright claims.
Keywords
Fan fiction, Copyright Law, Intellectual Property, Fair Use Doctrine, U.S. Law, J.K. Rowling, The Lexicon, Warner Bros, Derivative works, Legal dispute, Infringement, Transformative use, Author's rights, Harry Potter, Fandom.
Frequently Asked Questions
What is the core subject of this research paper?
The paper explores the legal complexities of fan fiction, analyzing how it conflicts with the intellectual property rights of original authors under U.S. copyright law.
What are the primary themes discussed?
Central themes include the definition of intellectual property, the application of the Fair Use Doctrine to derivative works, and the balance of power between authors and fans in the digital age.
What is the main objective of this study?
The aim is to demonstrate the conditions under which fan fiction can constitute a legal infringement and to evaluate the specific legal strategies used in high-profile copyright cases.
Which methodology is utilized to address the research question?
The paper uses a descriptive and analytical approach, combining a review of legal theory with a detailed case study of the lawsuit involving J.K. Rowling and the Harry Potter Lexicon.
What does the main body of the work cover?
The main body examines the evolution of legal protections, the criteria for fair use (purpose, nature, amount, and market effect), and provides a historical reconstruction of the legal battle between Rowling and RDR Books.
Which keywords characterize this academic work?
Key terms include Fan fiction, Copyright, Fair Use, Intellectual Property, and Transformative use.
Why did J.K. Rowling sue the creator of the Harry Potter Lexicon?
Rowling claimed that the Lexicon, which was intended for commercial release, infringed on her copyright by copying verbatim elements and plot details, expressing that her work had been "hijacked" without her permission.
What were the four factors the court used to evaluate the Fair Use claim in this case?
The court examined the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market for the original works.
What was the outcome of the lawsuit for the defendants?
The court ruled against the defendants, finding that the Lexicon took too much from the original novels, and awarded statutory damages to the plaintiffs.
How did the legal status of the Lexicon change after the trial?
The defendants ultimately released an unauthorized but legally compliant guide after dropping their appeal and including a specific legal disclaimer on the cover.
- Arbeit zitieren
- Henry Quevedo (Autor:in), 2017, Admirer or Adversary? How Fan Fiction infringes upon the Author’s Rights, München, GRIN Verlag, https://www.grin.com/document/425379
