Quote:
Originally Posted by leebase
Correct, fanfic is copyright violation. Mind you, I was speaking of the world as I would have it be, not the laws that exist.
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The real issue with eternal copyright is derivative works. As much as I would like a copy of some orphaned work, it's hard to argue that I am harmed by not having it. On the other hand, depending on the judge and jury, Rowling could claim that any book placed in a wizarding school is a derivative of Harry Potter, and might well win the case. Hobbits was an invention of JRR Tolkien, but how many fantasy works include hobbit or halflings? Once again, possibly a technical violation of copyright with an aggressive enough copyright holder.
In addition, literary works tend to depend on a shared culture. "Call me Ishmael" is arguably the most famous opening line in literature, yet is basically meaningless if you have the shared culture to understand the Biblical reference. Most books are loaded with such references.
In classical music, it's common to compose a work that is "variations on a theme by". A modern example is Philip Glass's Low Symphony, which was based on a David Bowie album. You have the whole MC Hammer "Can't touch this" which was derivatived from Rick James' Superfreak. Most guitar riffs are derived from a riff that the guitarist heard somewhere else.
All that stuff is a technical violation of copyright if you have an aggressive copyright holder. My contention is that it shouldn't be.