[cc-community] fan sites, fair use, and Harry Potter
Greg London
email at greglondon.com
Sat Mar 1 13:49:30 EST 2008
> Rowling has been an example of hyper copyright
Compared to whom?
Based on what she has allowed and encouraged
others to do with her work, she is effectively
putting something like a CC-NC sticker on
all her works.
That doesn't warrant calling her uses
"hyper copyright".
And if she HAD slapped CC-NC on her works,
and then some fan made a derivative and was
trying to commercialize it, it would clearly
NOT be sanctioned by her CC-NC license.
It may be that the book will be allowed by
the courts because it falls under Fair Use.
But Fair Use is tricky and subjective and
it may be that the book is not Fair Use too.
And it may be that a court is the only place
to figure out what it is.
But her behaviour with relationship to her
works and her fans is that she clearly
has a history of allowing non-commercial
derivatives.
More information about the cc-community
mailing list