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We’re saying that there is problem when non-natives continue to use outdated & racist stereotypes as the basis for their native characters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

First, Donald Trump wanted to ban Mexicans. “Build a wall” he said, and make the Mexican government pay for it. And despite the long list of inherent problems with said plan, a large number of people rejoiced at this supposed fix for America’s “immigration problem.”

Now, Trump has moved on from just banning nationalities and has opted for religions as well. On Monday, the current leader in the race for the Republican presidential nomination voiced that he would call for a “total and complete shutdown of Muslims entering the United States” until we can “figure out what’s going on.” That’s right folks, all Muslims. 

Watch Trump’s Comments Below

These seemingly unconstitutional comments marked a swift change from Trump’s usual anti-Muslim rhetoric, quickly distancing the mogul from his GOP counterparts. Now politicians, celebrities, and entire countries are coming out in droves to denounce Trump’s statements and even ban him from certain parts of the globe.

People for Banning Trump

Several American mayors have begun voicing the desire to ban Trump from entering their respective cities–despite having no legal power to actually do so. St. Petersburg, Florida’s Mayor Rick Kriseman announced the decree on Twitter and Sunnyvale, California’s Mayor Jim Griffith quickly followed suit. Kriseman told NBC News on Tuesday that he felt Trump’s statement deserved an equally “ridiculous” response.

I am hereby barring Donald Trump from entering St. Petersburg until we fully understand the dangerous threat posed by all Trumps.

— Rick Kriseman (@Kriseman) December 8, 2015

Ya know, I think Mayor Kriseman is on to something here… https://t.co/txdhBwBlFS — Mayor Jim Griffith (@JimGriffith_SV) December 8, 2015

It’s not just Americans hoping to ban Trump. As of this afternoon, a petition to prohibit Trump from entering the UK has reached 200,000 signatures and is climbing. The petition first went up on Parliament’s website Tuesday, and only needed 100,000 signatures in order to be automatically considered for debate in Parliament.

The GOP Takes a Stand

Many in the Republican Party wasted no time informing the public that Trump’s statement was not indicative of the party as whole. Speaker Paul Ryan was praised after holding a press conference where he simply stated “this is not conservatism.” Fellow presidential hopefuls Jeb Bush, Marco Rubio, and John Kasich also called the proposal “unhinged,” “offensive,” and “outrageous” on social media.

Donald Trump is unhinged. His “policy” proposals are not serious.

— Jeb Bush (@JebBush) December 7, 2015

I disagree with Donald Trump’s latest proposal. His habit of making offensive and outlandish statements will not bring Americans together. — Marco Rubio (@marcorubio) December 8, 2015

pic.twitter.com/noMfFeL3vq

— John Kasich (@JohnKasich) December 7, 2015

Emotional Response

New York Daily News took a more emotionally charged stance on the offensive proposal in the form of a political cartoon comparing Trump to Hitler on Wednesday’s cover. The cartoon was modeled after Pastor Martin Niemöller famous poem, “First They Came,” and drew similarities to Nazi Germany.

Today’s @NYDailyNews cover accompanied by an emotional guest column about @realDonaldTrump https://t.co/Ue4IXx97gr pic.twitter.com/X9xLdSlaYG — New York Daily News (@NYDailyNews) December 9, 2015

The Downright Hilarious

However, J.K. Rowling proved she is the master of all things Twitter yet again, with one single tweet that perfectly captured what everyone else was thinking.

How horrible. Voldemort was nowhere near as bad. https://t.co/hFO0XmOpPH — J.K. Rowling (@jk_rowling) December 8, 2015

Even though politicians, countries, and celebrities are strongly against Trump becoming the next president of the United States, a large portion of America still seems to love him. It appears that the more outrageous the statement, the better Trump polls, and his ability to capture the approval of non-traditional voters has proved he’s more than just a sideshow, he’s an actual contender. But will people finally say “enough is enough” when Trump starts condemning more nationalities, ethnic groups, and religions?

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post The Best Reactions to Trump’s Idiotic Plan to Block Muslims From Entering U.S. appeared first on Law Street.

If you thought “Harry Potter” author J.K. Rowling only dealt with trolls in her books, you were wrong. The bestselling author first showed a knack for putting online trolls in their place with witty responses when she hilariously mocked Rupert Murdoch’s anti-Muslim tweets in January. Now she’s at it again, but this time it’s in response to some hateful tweets she’s received due to her public support for the U.K’s left-leaning Labour party.

Conservatives haven’t been too happy with her, especially after Rowling decided to donate a reported  £1 million to the “No” campaign, a group which campaigned for Scotland to stay in the the United Kingdom. So when Ed Miliband resigned recently as Labour Party leader following his loss to the conservative party at the 2015 general election, the haters came out in full force to trash Rowling and her political beliefs.

For showing unbelievable guts in the face of impossible odds, @JimForScotland, get in Gryffindor. #NotMuchBloodyComfort

— J.K. Rowling (@jk_rowling) May 8, 2015

According to the Independent, after the results were declared, some online trolls began calling her a “traitor to Scotland” and “Blairite scum.” Rowling apparently reached her breaking point after one person reportedly went as far as tweeting at her “Go f*** yourself you disgusting slimy Labour c***. All you lefties are finished in this country, especially you JK b****face.” That’s when she decided to begin writing back to some of her online haters, and her responses are downright hilarious.

.@sjosiah0 The Internet doesn’t just offer opportunities for misogynistic abuse, you know. Penis enlargers can also be bought discreetly.

— J.K. Rowling (@jk_rowling) May 8, 2015

The best thing about her Twitter beefs were the constant Hogwarts houses references, because anytime you can get a few Slytherin jabs in there, it’s bound to be a good time.

@ChrisDarroch2 and you can’t spell “Slytherin”. — J.K. Rowling (@jk_rowling) May 8, 2015

.@ChrisDarroch2 Chris, if you’re this angry in victory, you must really need a hug. — J.K. Rowling (@jk_rowling) May 8, 2015

Luckily, not every person tweeting at the author had something negative to say. A few fans showed their support with some heartfelt tweets that are proof that humanity still exists.

.@JoHorrocks1 All abuse I’m getting is UKIP or Scottish Nationalist. All Tories here saying ‘freedom of speech.’ Credit where credit’s due.

— J.K. Rowling (@jk_rowling) May 8, 2015

.@TalieDelemere Of course I do! If we forget our common humanity, we’ve lost something far more important than an election X

— J.K. Rowling (@jk_rowling) May 8, 2015

Let’s hope J.K. never stops standing up for what she believes in, and never backs down from a chance to silence her haters with a few clever remarks.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Taking Down Twitter Trolls: A New Pastime for J.K. Rowling? 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.

While you were grinding away last week, you might have missed these three great articles. The #1 story of the week came from Anneliese Mahoney with her take on Fox News guest Steven Emerson’s totally fabricated “facts” about Muslim residents of Birmingham, England; Alexis Evans made her debut with the #2 article of the week–a smart takedown of rapper 2 Chainz debate with TV host Nancy Grace over marijuana policy; and the #3 article of the week came from Morgan McMurray’s coverage of anti-Muslim sentiment on Twitter. ICYMI, check out the best of the week from Law Street.

#1 No Surprise: Fox News Just Makes Up Facts Now

We all know that Fox News interprets the second part of its name very loosely, but it hit a new low this weekend when it allowed guest Steven Emerson to blatantly make stuff up. Read the full article here.

#2 2 Chainz vs. Nancy Grace: Rapper Wins Debate Over Legalizing Pot

Is this real life? HLN viewers were gifted TV comedic gold the other night in the form of a marijuana debate between the always controversial Nancy Grace and “Fed Watching” rapper 2 Chainz. Grace, whose Wikipedia controversy section alone is cause enough for pause, brought 2 Chainz, who was arrested in 2013 for possessing a weed grinder, on her show to discuss the legalization of marijuana. Funnily enough, it was 2 Chainz who upstaged Grace with actual valid points while she rebutted by showing him irrelevant videos of parents forcing toddlers to smoke pot. Read the full article here.

#3 J.K. Rowling Has Perfect Response to Anti-Muslim Tweets

We are now nearly two weeks into the new year and have already had a heavy dose of tragedy. Unless you have been cut off from internet and television over the past few days, you’ve heard about the Charlie Hebdo shootings. Regardless of what your opinion is of that publication, the murder of those people was an act of terror and an infringement on their rights as humans and French citizens. Read the full article here.

Chelsey D. Goff

Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

The post ICYMI: Best of the Week appeared first on Law Street.

Hello again! It feels like it has been a year since I’ve written. (Get it? Because it is 2015 now? Lol?) But I am back now, and it’s time to get into the thick of it.

We are now nearly two weeks into the new year and have already had a heavy dose of tragedy. Unless you have been cut off from internet and television over the past few days, you’ve heard about the Charlie Hebdo shootings. Regardless of what your opinion is of that publication, the murder of those people was an act of terror and an infringement on their rights as humans and French citizens.

Whenever there is an act of extremism related to one system of belief, there are those who call out the entire group. I don’t know why this does not go without saying, but ONE BAD APPLE DOES NOT SPOIL THE WHOLE BUNCH.

While Al-Qaeda and other jihadist groups call themselves Muslim, not all Muslims belong to Al-Qaeda. Yet, people like news magnate Rupert Murdoch go off and blame the entire religion.

Maybe most Moslems peaceful, but until they recognize and destroy their growing jihadist cancer they must be held responsible.

— Rupert Murdoch (@rupertmurdoch) January 10, 2015

Uhh….

Luckily, we have witty and intelligent people in the world like J.K. Rowling, who some of you may know as the author of a little series called Harry Potter, to put people like Murdoch in their place.

I was born Christian. If that makes Rupert Murdoch my responsibility, I’ll auto-excommunicate. http://t.co/Atw1wNk8UX

— J.K. Rowling (@jk_rowling) January 11, 2015

.@dom209 The Spanish Inquisition was my fault, as is all Christian fundamentalist violence. Oh, and Jim Bakker.

— J.K. Rowling (@jk_rowling) January 11, 2015

 

It is always promising when voices of reason speak out, especially when those voices have four million Twitter followers. Rowling’s cutting sarcasm continued with responses to fans who joined in her satire, resulting in a truly entertaining and enlightening Twitter feed.

When horrible things happen, like the events in Paris on January 7, instead of playing the blame game, those with sizable influence–like Murdoch–should join in the fight for justice. Yet, too often, we see hate answered with hate.

We can be thankful that most of the world’s population, including many political leaders, have joined together and targeted the real source of the attacks: religious extremists. Infamous hacking organization Anonymous has even declared war on jihadists, laying out a plan of attack centered in cyber world. It is not the responsibility of practitioners of Islam to rid the world of Islamic extremists. We are all affected by their acts, and we can all help in the effort to “destroy their growing cancer.”

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 Has Perfect Response to Anti-Muslim Tweets appeared first on Law Street.