ABrooks comments on Harry Potter and the Methods of Rationality discussion thread, part 14, chapter 82 - Less Wrong
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Something that could be said with equal justice of The Wind Done Gone.
EY originally wrote the thing while (on record) attributing the characters and context to JKR, and then (on record) mentioned that JKR said she is fine with fan works and doesn't require attribution, after which he stopped.
I'm no lawyer, but I expect this means that EY is on record acknowledging his creative debt to JKR, and doing so because he thought he was legally obligated to. It seems like it would be hard to argue that MoR is fair use. This shows that the intent of the work was something the author thought was in range of her copyright, and thus not something like parody.
This makes no sense to me.
EDIT: and specifically, acknowledging the debt is more of a good thing; from one discussion:
I just looked up JKR's statements on fan fiction, and I got the impression that she would sue in case something were published for profit, or just published in some print medium (I suppose a book or magazine).
I don't think you could defend MoR as a parody with JKR's original books as the target. Some MoR chapters point out absurdities in JKR's work, but EY doesn't make it his business to lampoon the original series. Judging from the wiki page on fair use, this makes MoR a 'satire', and these fare much worse in fair use cases.
The point about acknowledging debt is just that EY apparently went in with the intention of publishing something within range of JKR's copyright. This would speak against an argument that the intention was parody: if the original intention were fair use parody, then why the legal disclaimers at the heading of each chapter? If that was out of respect only, then why the word 'disclaimer', and why stop doing it after JKR had given legal permission to FF writers?
Parody is by definition 'within range of JKR's copyright'; anyone wanting to write a parody is going in with that express intention. Attribution is just common courtesy and useful metadata. Per my previous quotes, this probably only would matter to the judge as indicating that the author's intent is not malicious.
JKR hasn't given legal permission, she's merely made some intent clear which at most, from what I recall of my classes on the topic, gives fanficcers a weak promissory estoppel. Why stop? Because he did it a few dozen times before, and the purposes have been served.
Exclusively focusing on criticizing canon is not necessarily helpful; original content helps pass other criterion like being a transformative use of the original and not being a replacement but a complement:
On the issue of transformation, I can now see how a case would be made. Thanks for the post.