Kind of on topic

[Agent 12]

http://www.cnn.com/2009/SHOWBIZ/books/06/03/salinger.catcher.lawsuit/index.html

FTA:

Silverman, whose company distributes books by about 150 publishers, called "60 Years Later" a work of "social science fiction," saying that California doesn't plagiarize, but sets a well-known character in an alternate place and time -- as literature has done for centuries.

It'll be interesting to see how their case plays out.  And this guy is selling it for money.

--JP

[FaustWolf]

Whichever way it turns out it'll really be a landmark case. If the author/publishers of the new book win, that would finally secure fan fiction (as I imagine similar concepts are involved, and furthermore fan fiction is one giant step removed from this by its non-profit nature). That, in turn, provides a legal basis for fan art, and maybe even fan gaming someday.

I might be wrong, but I'm seeing importance of Roe v. Wade proportions here.

[mav]

Cases like this happen quite often though--sadly the landmarks just haven't set a large enough precedent, since so much of it is up to the opinion/determination of the courts. Take this quote for example:  "The sequel is not a parody and it does not comment upon or criticize the original [...] It is a rip-off pure and simple." Of course opponents of the new work will look at it this way, but those major points (whether it's a parody, whether it is a commentary or criticism of the original work) are crucial for the courts to determine legality.

Copyright cases are sticky, but they offer us great examples of how society has acted in hundreds of issues in the past.