Help: Will LuLu allow me to publish fanfiction?

For my sister's Christmas present this year I am writing a Harry Potter fanfiction and I would like to get it bound into an actual book if possible. All I want is the one book for personal use.

So my questions are:

1)Does LuLu allow you to make/purchase one book at a time?
2)Will it violate the copyright laws for LuLu to publish and sell that book to me, since it uses characters and situations from Harry Potter?

If that's the case, does anybody know a way I could have this book made without violating any laws? I would really, really like for this to happen. I want this to be a special gift, and I feel like just throwing it into a binder wouldn't be the same. Please let me know if you have any advice.

Thank you!

Comments

  • Yes, Lulu allows you to purchase and create one book at a time.

    No, Fan Fic is prohibited.

    http://www.lulu.com/en/help/can_I_publish_fanfic

    Quote:

    Lulu does not allow fan fiction.
    Fan fiction, also known as "FanFic," is any work based on another creator's story, idea, or character. Lulu is a strong supporter of copyrights and does not allow fan fiction because FanFic authors generally do not have permission from the original author. The Stanford Center for Internet & Society maintains a FanFic FAQ that explains many of the copyright and trademark issues surrounding Fan Fiction.

    --
  • I saw that, but I wasn't sure if the fact that I'm not intending to sell it would make a difference. Anyway, thanks, I guess I'll have to figure out something else.
  • If anyone can think of any way/where to get this book made without it being illegal, please let me know.
  • No, the intention not to sell does not matter. Even printing makes it a violation of someone else's copyright. Just writing it is a violation of someone else's copyright.

    The only way to make it "legal" is to have J.K. Rowling's written permission to write the story using her characters and that she gives you the right to use her copyrighted material.
  • What if one were to write a Harvard Lampoon type thing, like their 'Bored of the Rings'?

    Could you use similar names and institutions? 'Hairy Porter and the Poisoner of Ajarofjam', anyone?
  • Satire falls under fair use.
  • "veinglory" wrote:

    Satire falls under fair use.

    --


    ONLY in certain jurisdictions and ONLY within a very narrow definition - and as Lulu operates globally, it's prohibited just the same as any other type of FanFic. A document may be legal to print in Texas, and legal for you to write in China, but the act of sending it to Lulu's network means it passes through places where it's not. Something (seemingly) stupid like an off-site backup of their server can push a document across jurisdictional boundaries, and they have no intention of being responsible for territorial rights on a per-document level.

    The characterization of the HP novels is protected independently of the copyright on the novels; so putting them in a different storyline, or changing one letter of a name whilst it remains obvious who you're talking about, is an infringement of those held rights and we all know it's resulted in JKR launching prosecutions in the past.
  • "Cassandra Kingsbury" wrote:

    For my sister's Christmas present this year I am writing a Harry Potter fanfiction and I would like to get it bound into an actual book if possible. All I want is the one book for personal use.

    So my questions are:

    1)Does LuLu allow you to make/purchase one book at a time?
    2)Will it violate the copyright laws for LuLu to publish and sell that book to me, since it uses characters and situations from Harry Potter?

    If that's the case, does anybody know a way I could have this book made without violating any laws? I would really, really like for this to happen. I want this to be a special gift, and I feel like just throwing it into a binder wouldn't be the same. Please let me know if you have any advice.

    Thank you!

    --


    You can always contact the author and tell her what you just said here. Your sister is a huge fan and for Christmas you wanted to give her a book. The worst she will say is "no." The best thing she can say is "yes" and maybe even give a little note to your sister.

    Rowling has been known to be supportive of fan fiction (so long as you weren't trying to profit from it.) There is no risk in asking permission.

    Otherwise, copyright law is far to complex to ask for legal advice in a forum. If you follow advice here and it is wrong, you get no legal protection. You can't say "but veinglory said..." and expect a judge to say "well, OK, it's not your fault."
  • If you intend to give the book as bound to your sister, you must publish it as a "private" project, not put it on the Lulu marketplace and then remove the book files once you have published it. One copy of anything does not constitute an issue. It's like having a print assemble the book for you as a one-shot. But if you try to print multiple copies you may have a problem.
  • "Theresa M. Moore" wrote:

    If you intend to give the book as bound to your sister, you must publish it as a "private" project, not put it on the Lulu marketplace and then remove the book files once you have published it. One copy of anything does not constitute an issue. It's like having a print assemble the book for you as a one-shot. But if you try to print multiple copies you may have a problem.

    --


    Whether you publish it as private or for general sale, that does not change the fact that the membership agreement mandates that you have publishing rights to the material you load onto the Lulu site. Keeping it private or printing a single copy in no way changes that.
  • Even if that were permitted by the membership agreement (which it's not) - it doesn't work and it's equally illegal to make a single infringing copy as to make a million. You may get sued for smaller damages in a civil case, but that's it. All the people we prosecute for filesharing of music and video have but one copy each, and still face time in the cells.

    Once a file has been uploaded to Lulu and used to print an order, even one book, it cannot ever be deleted. That's Lulu policy and always has been. Also, the electronic copy is in itself infringing - US copyright law requires a work to be fixed in a tangible form to be subject to legal account, and as defined in DMCA that includes any form of storage on electronic media other than transient presence (e.g. in volatile RAM on a network router).

    If a local store binds a pile of papers that you printed at home, they are not liable for the infringing nature of the content as they didn't create it, merely stuck glue on it - however you most certainly are (the concept of receiving stolen goods does not apply to copyright). If they print or copy the content, they are profiting from an infringing copy; which in a number of territories makes it a far more significant issue than merely receiving the material and reading it. That's why print providers like Lulu are so paranoid about any possible claim against them, and hence why they ban FanFic.


    (Julie - I concur that postings on here have no implied warranty, however some of us give legal advice for a living, so the accuracy can be good even if we're not about to extend any acceptance of liability to its readership when nobody's paying) :wink:

    "Theresa M. Moore" wrote:

    If you intend to give the book as bound to your sister, you must publish it as a "private" project, not put it on the Lulu marketplace and then remove the book files once you have published it. One copy of anything does not constitute an issue. It's like having a print assemble the book for you as a one-shot. But if you try to print multiple copies you may have a problem.

    --
  • "UVSAR" wrote:




    (Julie - I concur that postings on here have no implied warranty, however some of us give legal advice for a living, so the accuracy can be good even if we're not about to extend any acceptance of liability to its readership when nobody's paying) :wink:

    --


    "Can" being the operative word. Unfortunately, folks who ask legal questions in forums have a tendency to go with the answer they like best, as opposed to the one that actually has some facts behind it. :wink:
  • You can buy your own thermal bookbinding machine and bind/bound your book yourself. But other than that I don't see any other way to get a binding for your book.

  • Skoob_ymSkoob_ym ✭✭✭

    andersoncala wrote:

    You can buy your own thermal bookbinding machine and bind/bound your book yourself. But other than that I don't see any other way to get a binding for your book.


    And even that would not be legal. A derivitive work is a derivitive work, and is protected by copyright, regardless the number of copies, the for-profit status, or the number of days in February.


  • andersoncala wrote:

    You can buy your own thermal bookbinding machine and bind/bound your book yourself. But other than that I don't see any other way to get a binding for your book.


    Lots of ways: http://www.diybookbinding.com/


  • Skoob_Ym wrote:

    andersoncala wrote:

    You can buy your own thermal bookbinding machine and bind/bound your book yourself. But other than that I don't see any other way to get a binding for your book.


    And even that would not be legal. A derivitive work is a derivitive work, and is protected by copyright, regardless the number of copies, the for-profit status, or the number of days in February.


    Absolutely.

     

    Even writing fanfiction is not strictly legal, since in writing you are putting what you have created in permanent form.

     

    You really have only two recourses: Write your fanfic and keep it to yourself. Or get explicit, written permission from the original author.

     

    The US Copyright Office sums it up this way:

     

    Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent. 

  • SphinxCameronSphinxCameron Southern Escarpment Hill Country ✭✭

    Per a fairly normal Copyright notice, your interpretation is correct. Even a notice that suggests derivatives are allowed it would be wise to seek written permission first.

     

    ****

    This book may not be reproduced in whole or in part, by any means now known or yet to be invented, without the express written permission of the Copyright Owner, excepting brief quotes used in reviews. The purchase of a copy of this book does not confer upon the purchaser license to use this work or any part therein in other works, including derivatives.

    ****

     

    Written permission of the Copyright owner is also best practice per US Code.

     

    The following is from Wikipedia, meaning the information is easily accessible.

     

    ****

    17 U.S.C. § 106 provides:

    Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

    (1) to reproduce the copyrighted work in copies...;

    (2) to prepare derivative works based upon the copyrighted work;

    (3) to distribute copies...of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending....

    US Copyright Office Circular 14: Derivative Works notes that:

    A typical example of a derivative work received for registration in the Copyright Office is one that is primarily a new work but incorporates some previously published material. This previously published material makes the work a derivative work under the copyright law. To be copyrightable, a derivative work must be different enough from the original to be regarded as a "new work" or must contain a substantial amount of new material. Making minor changes or additions of little substance to a preexisting work will not qualify the work as a new version for copyright purposes. The new material must be original and copyrightable in itself. Titles, short phrases, and format, for example, are not copyrightable.


    Ron Miller wrote:

    Skoob_Ym wrote:

    andersoncala wrote:

    You can buy your own thermal bookbinding machine and bind/bound your book yourself. But other than that I don't see any other way to get a binding for your book.


    And even that would not be legal. A derivitive work is a derivitive work, and is protected by copyright, regardless the number of copies, the for-profit status, or the number of days in February.


    Absolutely.

     

    Even writing fanfiction is not strictly legal, since in writing you are putting what you have created in permanent form.

     

    You really have only two recourses: Write your fanfic and keep it to yourself. Or get explicit, written permission from the original author.

     

    The US Copyright Office sums it up this way:

     

    Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent. 


     

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