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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Special case? | 311 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Special case?
Authored by: Anonymous on Monday, April 16 2012 @ 12:58 PM EDT
I would wager that the movie producers and the book publishers most probably
have trademarked the name "Harry Potter" so even if you could create a
new story using the character "Harry Potter" without violating
copyright, you would probably be violating the trademark.

[ Reply to This | Parent | # ]

Special case?
Authored by: Anonymous on Monday, April 16 2012 @ 01:50 PM EDT
The problem of course is that the new interpretations of copyrights are a
revision of the older ones beyond the changes in technology. There is of course
the character in China the Chinese argue is not Mickey Mouse. In Hearst vs.
Dirks the American courts ruled that the Captain and the Kids was an entirely
different strip from the Katzenjammer Kids and Dirks could do what he wanted
with it. This would, if applied to the Chinese example, clear it but of course
the real reason nobody has taken action is it is a sovereign nation and this
interpretation would probably come off like Heinlein's Crosspatch Decision. If
you use the character's name of course you are going to run into trouble but the
attitude has changed over the last forty years and so has most official
interpretations of the law.

jplatt39 not logged in.

[ Reply to This | Parent | # ]

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