Tanya Grotter and the Magic Double Bass
Slate has a piece about Harry Potter and copyright worldwide that is a disguised call for copyright reform. Well written, well argued, extremely good argument, won't be picked up anywhere else.
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There's a thin line between knock-off and parody. National Lampoon's "Bored of the Rings" and "Doon" were obvious Parodies of "Lord of the Rings" and "Dune." (Second part of sentence gratuitously inserted for the caffeine deprived.) "Harry Potter and Leopard Walk-Up-toDragon" appears to create sufficient confusion by mixing Harry Potter characters and Tolkien characters without permission. This should not be allowed unless it is clearly sold as a satire. "Tanya Grotter" is clearly trying to ride the coat tails of the Harry Potter hype. Tanya Grotter appears to be somewhat derivative of Harry Potter. However, most "grown-up" reviews of Harry Potter point out that J.K. Rowling's work borrows ideas from all sorts of other previous works. Derivation, in and of itself, is the way that literature advances. It is not a reason to use copyright law to suppress a work.
It has to be said: if McDonald's had patented, trademarked or copyrighted the 'plastic burger joint', they'd be suing Burger King and Wendy's, and never mind the competitive market...
It also has to be said, that if Rowling has registered "Harry Potter" as a trademark, then she has to fight anyone diluting that trademark. Just like anyone else defending their trademarks - defend it or lose it.
Yes, everything is derivative work.
Or as a famous scientist (Newton?) said, "If I have seen further, it was because I stood on the shoulders of giants".
Too bad that a very long perspective in economics is non-existent.
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