copyright
How to shoot a movie based on Harry Potter fan fiction?
<p>As I understand, J.K.Rowling owns right for characters, story, special words (like "muggle"), and so on. Warner Bros. has exclusive right to make movies based on the original books/stories. </p>

<p><a href="https://www.quora.com/How-would-I-go-about-acquiring-the-licenses-to-produce-Harry-Potter-related-merchandise" rel="nofollow">Here</a> is a discussion on acquiring a license to produce Harry-Potter-related products. But what about movies, based on alternative stories in the same universe with the same characters?</p>

<p>I imagine that one can just ask J.K.Rawling for her permission to make a movie based on a fanfic. Since it is not an original book/story, which can be filmed only by Warner Bros, it means that one can make a deal to produce a movie based on fanfic, and pay, say, 80% of revenue to the author, if author is agreed :)</p>

<p>But I suppose this only possible in the ideal world.</p>

<p>If Rowling chose to permit the creation and distribution of such a film, it would be legal, unless that violated her contract with Warner.  (I have no idea how that might be written.)</p>

<p>If based on a previous work of fan fiction, such a  movie would need permission from the author of that work also.</p>

<p>Otherwise such a fan fiction move would be a derivative work and would infringe Rowling's copyright. </p>

<p>Creating such a work of fan fiction and distributing it "for free" does not "get around the legal issue." The copyright holder has the right to control the making of derivative works, whether for profit or not, unless they count as "fair use" (under US law). If they harm or might harm the market for the original they are not likely to be held to be fair use.</p>
