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The literary characters and other proper nouns in a series may be covered by trademark. Copyright only covers the specific expression of the text. Patent, of
by logfromblammo 9y ago
The literary characters and other proper nouns in a series may be covered by trademark. Copyright only covers the specific expression of the text. Patent, of course, does not apply to fiction plots.
So if you scrupulously avoided character names and quotes from the original work, you can indeed rewrite the same plot and story arcs in your own words, and not be in conflict with the law.
That will be of no solace when lawyers for the Harry Potter media empire pursue you anyway. Just as you did not break the law in a technical, letter-of-the-law sense, so is it also possible for an entity with great wealth to make someone with lesser wealth miserable, without breaking the law.
It is far easier to rip off a nobody, or someone who is dead. For instance, rewrite Amber without Corwin or Merlin in it; make superficial modifications to all named characters and locations. Maybe you get some fans that never read the original; maybe you get some that did read it, and like your version better.