Re: Re: Scanning books into electronic format

Fanfiction is a classic derivative work a sequel using the same characters and setting and other protectable elements. This assumes, of course that the the characters and setting and such are in fact protectable -- which is not always such a clear issue. However, I think Roddenbury's estate could easily enough establish the main characters and the setting (Enterprise) as protected. Anyone can create another sci fi exploration series or book or whatever using the non-protectable elements, of course.

All the Harry Potter fanfics probably are infringing as derivative works. But, why would anyone sue unless they were being sold and competing in the market in some significant way?

Steve

On Sep 12, 2006, at 4:55 PM, Wallace J.McLean wrote:

>
>
> ----- Original Message -----
> From: "Agenbroad, James (Civ,ARL/CISD)" <jagenbro[_at_]arl.army.mil>
> Date: Monday, September 11, 2006 5:40 pm
> Subject: [CNI-(C)] Re: [CNI-(C)] Scanning books into electronic
> format
>
>> Eg. Writing fanfic episodes of Star Trek
>> and not showing anyone is probably a fair use because while it
>> violatesone of the copy-like rights (creation of a derivative
>> work) if there's
>> no distribution there really isn't any harm.
>
> How does fanfic derived from ANY work infringe that work?
>
>
>
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-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:stevenjamar[_at_]gmail.com
Washington, DC  20008	                          http://iipsj.com/SDJ/

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