Quote:
Originally Posted by pwalker8
Unfortunately, the assumption that some common sense that prevails doesn't seem to be entirely accurate. One sees this more in patent law than in copyright, but if a claimant is aggressive enough, one never knows that a judge and jury will decide.
|
You might not know. But
I certainly know what a judge (no jury would be involved for most copyright disputes) would decide if "wizarding school setting" were the extent of the similarities. We've already seen that "derivative" (in the sense that it's deemed actionable infringement) is a pretty tough row to hoe unless there's a heck of lot more specifics than "similar setting." If kids going to a wizarding school were enough, Lev Grossman and Patrick Rothfuss would be in debtor's prison already. Rowling
herself would be guilty of copyright violation since Le Guin did "
boy goes to wizardry school" long before her. But that ain't the case. General setting won't cut it. Never has, never will.