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Um...it's complicated. Like, REALLY complicated. Huge, crazy articles have been written about it, on both sides. Generally speaking, though, if you write a Harry Potter novel and post it somewhere online, you probably won't get sued. If you write a Harry Potter novel and try to sell copies, you probably will get sued. (I presume you're asking about the legality of using trademarked characters here.)
Not all established, readily-identifiable literary characters -- not even most -- come with a fear of reprisal from the original author (or his/her estate) if you should use them, though. Like, for instance, all the characters in Moore's League of Extraordinary Gentlemen. All public domain. If in doubt, it's pretty easy to check...just look at the copyright info in the newest edition of the novel (or whatever) that features the character.
In my opinion, using the original character (without permission) of a living writer in your own stories, even if you don't seek to make a profit from those stories, is Just Not Nice. I'd make an exception for TV and comics characters that (though their originator is still kicking around) have been scripted by eleven billion different people, because -- at that point -- who cares (except for lawyers, who do care, and will sue you if you try to make money from unauthorized use of a company's "properties"). But to me, fanfic about Harry Potter, The Invisibles, Transmet, Stephen King's Dark Tower stories, and...uh...hell, I dunno, whatever else -- Danielle Steel fanfic for all I know -- seems kinda unsportsmanlike and intrusive. Not everyone feels that way, however. |
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the "cinematic feature" is the way the personas now will become actors, because they are taken out of their universe and many of their personal characteristics may be gone, only leaving the archetype..