Question about Copyright.

MagicKingdom4Ever

Well-Known Member
Original Poster
So for four years, I've been developing a book series about two Choctaw siblings living in the United States at the turn of the 21st Century. They are mages, and to learn how to master their powers, they go to a magical school in Rhode Island called Catawalt Academy, where they make friends and enemies. They get involved in several events, play a sport called Dragoningball, and even learn more about an old prophecy concerning them and an evil wizard who wants to overthrow the non-magical people and rule the world.

Now, there have been a few bumps in this series. One of the biggest bumps is that I feel like it's a lot like Harry Potter. Similarities include a friendly giant (even though he is a cyclops in my story), a wise, old man, several spells, a magic shopping district, a secret magical government, creatures that turn into peoples' worst fears, eight groups of people based on elements (which seem like houses), and more. I just worry that with the story I have, it cannot be published without a copyright infringement lawsuit being filed against me. I just want to know what to do about this. Although I don't want to change it too much, I would like it to be different enough for people to see it as an actual storyline and not an HP ripoff.
 

ArmoredRodent

Well-Known Member
If you feel it is too similar to a well-known copyrighted work, it's probably similar enough to get you sued. That's what happened when Universal came up with Battlestar Galactica after Star Wars came out (scroll down to see that story). (I'm not your lawyer, and this is a general statement about the law, not legal advice to you or anyone else.) If you're serious, talk to a real intellectual property lawyer; it will be worth the money. Copyright is very complex, even though it looks easy; that may not matter if you're a nonprofit able to take advantage of "fair use," but it definitely matters if you're even possibly infringing on someone with the resources to defend its rights. That's why they don't sing the classic Happy Birthday song at most restaurants.
 

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