Yesterday, June 26, marks the 20th anniversary of the publication of “Harry Potter and the Philosopher’s Stone,” which began the worldwide phenomenon that captured the attention of millions across the globe. In the 20 years since the first book was published, the Potter series is still culturally relevant, and has become especially notable in the past year since President Donald Trump rose to power.

J.K. Rowling, who authored the books, has taken a strong stance against Trump and what he represents; she can often be found on Twitter mocking the American president. Whether it’s about Trump’s responses to terrorist attacks or his ridiculous actions, Rowling is quick to criticize Trump, often delighting her youthful fan base. Here are just two examples of the millionaire’s social media commentary:

It’s called ‘leadership’, Donald. The terrorists were dead 8 minutes after police got the call. If we need an alarmist blowhard, we’ll call. https://t.co/NUiy9j4fBt

— J.K. Rowling (@jk_rowling) June 4, 2017

 

I wonder whether Trump talks to Trumpself in the third Trumperson when Trump’s alone. https://t.co/8CEzVTJjBq

— J.K. Rowling (@jk_rowling) May 3, 2017

Rowling’s presence on Twitter isn’t the only way Harry Potter fans are staying connected to the series as they resist the Trump Administration. Many fans have compared Trump to Voldemort, the antagonist of the series who comes to power and attempts to create a society of “pure blood wizards.” This Twitter user broke down her feelings on the similarities between the two:

I realized how similar Lord Voldemort and Donald Trump are so I wrote this… pic.twitter.com/UG33ZTUfYf

— Ashley C. (@ItsAshley_C) June 25, 2017

Others have turned to Hermione Granger, the main female protagonist, as a symbol of female power within the resistance. The reason Granger is so appealing to young girls, the Huffington Post argues, is that “here was a smart, hyper-competent, over-achieving woman facing down a cartoonishly unqualified man who spewed hatred at women, Muslims, immigrants, refugees, and disabled people.”

a nation of hermiones #WomensMarch pic.twitter.com/hvfDu3oL9m

— Paige (@paigeleighannne) January 22, 2017

Given that Emma Watson, who portrayed Granger in the movies, is a feminist symbol herself, the comparison becomes even more applicable. Watson, who graduated from Brown University in 2014, is an outspoken feminist and a UN Women Goodwill Ambassador.

While the comparisons offer children the opportunity to tangibly relate the real world to something they understand and love, some people are frustrated with the constant comparisons. One writer from The Federalist even argued that the comparisons “contribute to making our politics glib, emotion-driven, over-simplified, and posturing. At the same time, it takes beloved childhood stories and politicizes them in a way that narrows and diminishes their meaning.”

Others are simply tired of the constant references:

READ ANOTHER BOOK pic.twitter.com/SHcVKcTslG

— T. Becket Adams (@BecketAdams) January 31, 2017

The final book of the series was published back in 2007, but the series remains culturally relevant as a symbol of youth fighting for justice. Some people may be annoyed by the constant references to the series, but Rowling’s writing has clearly inspired a generation of readers to protest for what they believe in just as Harry, Hermione, and Ron Weasley did throughout the seven book series.

Josh Schmidt

Josh Schmidt is an editorial intern and is a native of the Washington D.C Metropolitan area. He is working towards a degree in multi-platform journalism with a minor in history at nearby University of Maryland. Contact Josh at staff@LawStreetMedia.com.

The post 20 Years Later, Harry Potter is Still Culturally Relevant appeared first on Law Street.

Welcome to the RantCrush Top 5, where we take you through the top five controversial and crazy stories in the world of law and policy each day. So who is ranting and who is raving today? Check it out below:

Trump: Maybe I should start focusing on ‘Crazy Bernie’

This past Tuesday, Bernie Sanders declared victory against Hillary Clinton in the West Virginia primary and caught the eye of the one and only GOP frontrunner, Donald Trump. In tweets commenting on the West Virginia and Nebraska primaries, Trump finally gave Bernie Sanders a nickname: ‘Crazy Bernie.’ But that’s a pretty weak moniker compared to the names he’s given to his other opponents like ‘Lyin’ Ted’ and ‘Crooked Hillary.’ In any case, now that Trump has finally “called” him out, does this mean ‘Crazy Bernie’ has been invited to play ball with the big boys?

I don’t want to hit Crazy Bernie Sanders too hard yet because I love watching what he is doing to Crooked Hillary. His time will come!

— Donald J. Trump (@realDonaldTrump) May 11, 2016

The Internet Has Spoken: Donald Trump is Worse Than Nickelback

A recent poll shows that Donald Trump is more hated than alt-rock band Nickelback, which has got to be one of the the craziest developments of the 21st century. Because, you know, the internet hates Nickelback. 

RT this or donald trump will appear in your bedroom tonight naked and belting the song “far away” by nickelback pic.twitter.com/cfgc2xJwuC

— Meme Bob (@BrittneyNKelly) March 21, 2016

But it seems Donald Trump is way less popular, despite being the GOP frontrunner.

Four Pilots Challenge Their Airline’s Breastfeeding and Maternity Policies

Some airplane pilots are mothers too, but Frontier Airlines doesn’t quite seem to get that. Four female pilots for the airline filed formal complaints with the help of the ACLU, claiming its policies do not accommodate pregnant and nursing mothers, making it difficult for the employees to work AND provide for their families. Should career women have to choose?

Budweiser: Company Announces Beer Label Change to ‘America’ Until Presidential Elections in November

Coming May 23, Budweiser will be renaming its popular brew “America” for the summer. You may be wondering, is this a publicity stunt? Well, yeah! Plus what’s more American than a patriotic beer that literally says America for us all to imbibe during the craziest presidential race ever? Some say it’s a risky effort for the brand as it may alienate some people. Which makes sense, because the announcement has since attracted the King Alienator Donald Trump, who takes credit for the label change. But we’ll see what good the new beer name will do him come November.

No, Harry Potter Doesn’t Cause Brain Damage

Fans of Harry Potter, the Lord of the Rings, and other fantasy series are pretty incensed after a school principal in the UK wrote a now-viral letter about how reading popular fantasy books “can damage the sensitive subconscious brains of young children, many of whom may be added to the current statistics of mentally ill young children.”

Obviously, that’s ridiculous. Or, if we treat the fun-hating principal like a Boggart just trying to scare us: riddikulus. 

Rant Crush

RantCrush collects the top trending topics in the law and policy world each day just for you.

The post RantCrush Top 5: May 11, 2016 appeared first on Law Street.

Last year, J.K. Rowling relaunched her Harry Potter-themed website, Pottermore, which offers fans the opportunity to explore the stories firsthand by going through the sorting ceremony and purchasing a wand. Rowling has also used Pottermore as a platform to release more information about her magical world through several short stories. Her most recent series of writings cover the history of magic in the United States, as an introduction to the upcoming “Fantastic Beasts and Where to Find Them.”

But the first story in a series which could have been harmless fictional history lessons has resulted in backlash from some in the Native American community.

The piece, covering the 14th to 17th centuries, talks about magical humans within Native American tribes and how, depending on the tribe, these witches and wizards were either trusted or feared:

In the Native American community, some witches and wizards were accepted and even lauded within their tribes, gaining reputations for healing as medicine men, or outstanding hunters. However, others were stigmatised for their beliefs, often on the basis that they were possessed by malevolent spirits.

She also talks about the Native American “skin walkers” who, in the world of Harry Potter, are animagi. Members of the Native American community took to Twitter to protest Rowling’s generalizations of their culture.

It’s not “your” world. It’s our (real) Native world. And skin walker stories have context, roots, and reality. https://t.co/mRZD0M1UCf

— Dr. Adrienne Keene (@NativeApprops) March 8, 2016

We’re saying that there is problem when non-natives continue to use outdated & racist stereotypes as the basis for their native characters

— Johnnie Jae (@johnniejae) March 9, 2016

@jk_rowling you are not entitled to our history, culture, stories. They are not yours to re-invent, re-define, re-imagine, or to profit from

— A Tribe Called Geek (@tribecalledgeek) March 8, 2016

You must outta your mind if you think we should sit idly while a renown white author uses us as props in her fictional work.

— Native Beauty (@nativebeauties) March 8, 2016

Rowling has seemingly not responded to the criticisms, other than to explain in further detail what skin walkers are. Dr. Adrienne Keene, one of the outraged individuals who used Twitter as a sounding board, expanded on her objections to the story on her blog, Native Appropriations. She talks about how Native Americans are so often lumped together and marginalized, and sometimes equivocated with their spiritual stories. Dr. Keene said:

But we’re not magical creatures, we’re contemporary peoples who are still here, and still practice our spiritual traditions, traditions that are not akin to a completely imaginary wizarding world (as badass as that wizarding world is).

Is the backlash justified? It is understandable that any people who have had their culture slowly stripped away by colonization would take offense to a descendant of those colonizers whitewashing their history. However, in the case of these short stories, cultural appropriation might be too bold of an accusation. We’ll have to see how the controversy plays out.

Morgan McMurray

Morgan McMurray is an editor and gender equality blogger based in Seattle, Washington. A 2013 graduate of Iowa State University, she has a Bachelor of Arts in English, Journalism, and International Studies. She spends her free time writing, reading, teaching dance classes, and binge-watching Netflix. Contact Morgan at staff@LawStreetMedia.com.

The post J.K. Rowling Sparks Angry Reaction with History of North American Magic appeared first on Law Street.

Yes, you read the title right. Incorporating elements of pop culture, like “Breaking Bad,” into the classroom has become a popular new trend for undergraduate and graduate schools looking to engage their students. Schools such as the University of New Mexico have begun using pop culture case studies as instructional tools, while others major universities including Rutgers, the University of South Carolina, UC Berkeley, and Georgetown have opted to design courses dedicated entirely to singers, movies, television shows, sports, and other celebrities.

Have you ever considered the legal ramifications that fictional meth producers Walter White and Jesse Pinkman would have faced in the real world, as well as the questionable legal practices of defense attorney, Saul Goodman? A class at the University of New Mexico Law School analyzed the legal issues surrounding this popular television show and published their findings in a student-run journal for the school.

From The New Mexico Law Review “Breaking Bad” edition. http://t.co/xSmSg84ONg pic.twitter.com/1gYrz12VQy

— Ed Bott (@edbott) May 20, 2015

The students of this criminal law class, as well as the other contributing professors who helped to create this journal, found a multitude of legal issues within “Breaking Bad.” They discovered the actions of the show’s DEA agents to be controversial in certain instances and obviously illegal at other times, and yet these fictional agents were never stopped or questioned.

Saul’s practices as a lawyer are very shady and illegal, as he is known for laundering money to drug lords and going beyond his legal reach. When examining how Walter would likely be prosecuted, the students concluded that he would most likely receive a harsh sentience but avoid the death penalty in real life since the practice is no longer used in the state of New Mexico. While this show was very entertaining for viewers, it was not always realistic due to the exaggerated and felonious actions of most of the characters.

Other universities have chosen to create classes entirely pop-culture themed. At the University of New Hampshire, a class was created to analyze Deflategate–the recent scandal where the New England Patriots football team was accused of deflating its footballs before a game–as well as other sporting events and how they relate to the legal system. UCLA Law School has also joined in on this trend with a course called Law and Pop Culture, where students are assigned the task of watching popular television shows or films relating to the legal system, including lawyers, the criminal justice system, and the jury, which they will later apply to their coursework.

There are also many options available for undergraduate students who are interested in learning about their favorite pop-culture subjects. Famous singers such as Lady Gaga, Miley Cyrus, and Beyonce now all have classes devoted to them and studying their fame, allowing students to draw connections to subjects like sociology and philosophy.

According to the Mother Nature Network (MNM), movies such as Harry Potter, Spiderman, and Star Trek are all subjects of classes analyzing the popular franchises. MNM also noted that many popular television shows have become the core focus of several college classes throughout the country, such as The Simpsons, Judge Judy, and Days of Our Lives.

Times are changing, and as a result universities are beginning to recognize that in order to better accommodate and attract students to their schools, they have to vary their course offerings. No matter what you are interested in, there is probably a course out there that would appeal to you. Comparing core principles of classes to new themes could actually be a very effective way of maintaining students’ attention, as well as give them new ways to better comprehend course material.

What topics would YOU like to see being incorporated into your classes?

Toni Keddell

Toni Keddell is a member of the University of Maryland Class of 2017 and a Law Street Media Fellow for the Summer of 2015. Contact Toni at staff@LawStreetMedia.com.

The post Law School Uses AMC’s ‘Breaking Bad’ as Teaching Tool appeared first on Law Street.

We live in a world where fan communities–fandoms–are becoming increasingly popular. Fandoms fixate on a particular television show, band, movie, musical, anime, or other pop culture subject. Creation of content based on these fandoms has also become ubiquitous. People of all ages gather together on any number of fanfiction websites, ranging from social media sites that post stories and art, like Tumblr and Live Journal, to websites designed for fanfiction, like Fanfiction.net and Archive of Our Own. Some fandoms have even developed websites devoted entirely to fanfiction for a particular couple or desired couple, known to many as a “ship.”

When using characters and worlds created by other people, however, there are quite a few potential copyright issues. Fan creations have become so popular that some fandoms are even branching out and making money from their fanfiction and fan art roots. Yet getting the “rights” to your own work is a nightmare when you’ve used a couple from your favorite television show. Though some fandoms have successfully made the switch from unoriginal characters to new creations, many struggle with it.

Fanfiction and fan art are always going to be a part of fandom communities because they bring people together in a way so few things really can. These fandoms have created large communities all over the internet. “Harry Potter,” for instance, is still hugely popular in the fanfiction world, even though J. K. Rowling and Warner Brothers have successfully fought against fan creations.

What exactly are your rights when you take to your computer and write or draw that missing scene from “Once Upon a Time?”

The Official Word

According to a University of San Francisco law blog, fanfiction “can be considered a copyright violation under the Copyright Act of 1976, ” because the holder of the copyright has the right to distribute any derivative works based on an original creation. This often includes sequels, prequels, and art work.

One of the most famous cases of a fan-fiction author is that of J. D. California who penned a sequel to J. D. Salinger’s “Catcher in the Rye” and called it “60 Years Later: Coming through the Rye.” During this case, it was found that characters were granted copyright protection–in this case, Holden Caulfield, an iconic character in Salinger’s novel.

Many would argue that fair use may actually protect fan creations like artwork and stories from being copyright infringement, but many authors have still successfully fought that claim. Legal challenges tend to come more from book authors than movie or television show creators for pretty pragmatic reasons–fandoms often boost the number of viewers for television shows.

So why are so many publishers now actively looking for fan-fiction authors? In part because these stories are sometimes better or more successful than the canonical source material. One cannot ignore the success of recent fanfiction-based novels like “50 Shades of Grey.” Rebecca E. Hoffman for Bloomberg describes how “50 Shades” got around the fan-fiction ties:

But before they became ‘real’ books, they were a Twilight fan fiction series called ‘Master of the Universe.’ ‘MotU’ appeared on fanfiction.net and–with Twilight references removed and character names changed–was later published as three e-books by an Australian company that specializes in fan fiction publishing. Vintage Books, a subdivision of Random House, which ultimately published the Fifty Shades trilogy, maintains that the material is original and no longer based on ‘Twilight.’

According to a Washington Post interview with Jennifer Bersgtrom, Vice President and Publisher of Gallery Books, fanfiction is simply becoming a way to recruit talented authors. She stated, “fanfiction has absolutely become part of the fiber of what we publish. This is changing at a time when traditional publishing needs it most.”

Most fanfiction is safe if it doesn’t criticize or parody the works in question. Even so, the Internet and Intellectual Policy Clinic at the University of San Francisco points out that the only way a person would get in trouble is if the person who holds the copyright ever sees the work:

It is clear though that the law surrounding fanfiction is highly dependent on the copyright owner actually enforcing their rights and prosecuting offenders of their copyright. In cases such as J.K. Rowling in which she is choosing particular pieces of work to prosecute while letting other works that violate her copyright be published, the law clearly sides with her.

The Legal Dos and Don’ts of Fanfiction

The Don’ts

The biggest rule you need to know to avoid getting into copyright hot water is to determine who exactly owns what you are writing about. Some authors simply do not like fanfiction and are very open about that fact. Vulture says that “some authors–George R.R. Martin, Anne Rice, and Diana Gabaldon, author of the Outlander series, among them–protest [fanfiction’s] appropriation of their creations and ask fans to refrain from writing it.” They mostly target websites based on the stories, but have targeted large forums as well.

Some fanfiction creators also have some problems in that they don’t know where to draw the line. Typically there are concerns about RPF or Real Person Fanfiction. Celebrities like Chris Colfer of “Glee” and Taylor Swift have said that they find fanfiction and fan art uncomfortable, especially when it is explicit in nature. Swift has even gone so far as to get fan creations taken off of Etsy, though that may be more of a business decision.

Read More: Taylor Swift vs. Etsy Vendors: Singer Trademarks Song Phrases

It isn’t always easy, however, as every writer, designer, and artist has the right to make the choice for themselves where they want the line drawn and whether or not to take legal action. It is then up to the forum and fandom at large to enforce that line as they see fit, an important thing to remember when dealing with fanfiction and fan art.

Nonetheless, as Hugh Howey told Desert News National: “Just as there have been independent filmmakers [who] enrich the film industry, there are and will be independent authors who experiment and write groundbreaking works.”

The Dos

If you truly love a fictional couple, a storyline, or a show, you might still want to write fanfiction or create fan art, and there is truly nothing wrong with that. However, you should take note of a few rules to keep yourself out of the limelight and out of trouble.

1. Follow the rules of the online forum: Most forums that post fanfiction and/or fanart have been around for a long time for a reason: they know how to skirt the line. Look at the rules and FAQs of a website before you upload your latest “Shameless” story.
2. When in doubt, go for public domain: The Daily Beast points out that there is a lot of Jane Austen fanfiction. Why? Her works are all part of the public domain, meaning you can use the characters however you see fit. According to Teaching Copyright, public domain occurs “70 years after the death of author, or, for corporate works, anonymous works, or works for hire, 95 years from the date of publication or 120 years from the date of creation, whichever expires first.” If you are using something a little more modern, use a disclaimer, meaning make sure that you state clearly that you don’t “own” whatever you are writing about.
3. Take it down if you need to: Online musical theater troupe Team StarKid famously took down A Very Potter Musical when they feared that Warner Brothers would sue them. They re-posted the material after some severe edits and a disclaimer on the video–and then went on to make two more and were invited to the screening of the final movie. Most creators or agents will start with a mailing or a polite request, and you should probably grant it.

4. Don’t make money from it: This might seem like a no-brainer, but do not make money from your work if it’s based on someone else’s creations. Don’t sell your art or stories, do not get sponsors, and don’t use advertisements. You are saving yourself a load of potential headaches from the people who own the content.

Conclusion

In the end, the best thing to remember about fanfiction, fan art, and anything derived in any other universe is this: it is typically an infringement of the copyright holder. With that said, it is usually done with the best of intentions by fans and it often continues and strengthens the importance of the story being told.

When creating within a fandom, use your head to make decisions about what is appropriate and what isn’t appropriate and you likely won’t find yourself in trouble. It’s also important to note that if you are creative enough to take pre-existing characters and create new stories, you are probably creative enough to make your own original characters.

Resources

Primary

U.S. Copyright Office: Duration of Copyright

Additional

Bloomberg BNA: It’s Never Black or White: Is Fanfiction Fair Use?

Desert News National: With Fanfiction, is Publishing Following in Hollywood’s Unoriginal Footsteps?

Teaching Copyright:  Public Domain Frequently Asked Questions

Washington Post: From ‘Fifty Shades’ to ‘After’: Why publishers Want Fanfiction to Go Mainstream

University of San Francisco Law Blog: Fanfiction and Copyright Law

Vulture: Fanfiction Guide

CNN: Lawsuit Targets ‘Rip-Off’ of ‘Catcher in the Rye’

Daily Beast: Why Fanfiction is the Future of Publishing

Geeky News: Unauthorized Starkid Production Brings Wrath

The New York Times: Rowling Wins Lawsuit Against Potter Lexicon

Fox News: How Harry Potter Superfans Won a Battle for Fair-trade Chocolate

People: Fifty Shades of Grey and Nine More Examples of When Fanfiction Became Blockbusters

USA Today: Must-Read Fanfiction From ‘Doctor Who,’ ‘Star Trek,’ ‘Farscape’

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Re-Writing the Classics: What Are Your Fanfiction Rights? appeared first on Law Street.