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Only fixed expressions need apply
May. 28th, 2007 01:22 pmLet us imagine that Susan Fan writes a piece of Star Wars fic. In it, Mara Jade decides that marrying Luke is a chump's game and she goes off to found her own school for the Force-strong, possibly recruiting Callista along the way so they can have hot, NC-17 interludes every fifth scene. Let us imagine the main conflict is whether Leia's children will be trained by Uncle Luke, who has a history of always reaching for a bigger Force-hammer, or by Ms. Jade, who used to be brainwashed but is much better now.
Let us further imagine that Susan Fan changes the names, so that the intergalactic republic is in the future, the life-force isn't the Force it's chi, the spunky, cool-headed heroine is Carol River, the husky-voiced lady she approaches to be fellow teacher and new soul mate is Marlynn, the harried galactic political leader is Portia, the school is for Dragon Monks not Jedi Knights, etc., etc.
Perhaps she changes the hair styles, too, but perhaps not.
At this point, Susan Fan has a story that cannot be sued for either infringement of copyright, or tarnishment or dilution of trademark. In fact, it's publishable, and Susan may, in turn, register copyright for Carol, Marlynn, Portia and the rest of them.
What does this tell us about the precise things over which an author may assert ownership? A hint: it isn't the ideas.
.
Let us further imagine that Susan Fan changes the names, so that the intergalactic republic is in the future, the life-force isn't the Force it's chi, the spunky, cool-headed heroine is Carol River, the husky-voiced lady she approaches to be fellow teacher and new soul mate is Marlynn, the harried galactic political leader is Portia, the school is for Dragon Monks not Jedi Knights, etc., etc.
Perhaps she changes the hair styles, too, but perhaps not.
At this point, Susan Fan has a story that cannot be sued for either infringement of copyright, or tarnishment or dilution of trademark. In fact, it's publishable, and Susan may, in turn, register copyright for Carol, Marlynn, Portia and the rest of them.
What does this tell us about the precise things over which an author may assert ownership? A hint: it isn't the ideas.
.
