Are this violating copyright?

If you look at Wikipedia article itself, Section 2: United States, Article 1: US Fair Use Factors, Clause 1: Purpose and character of the use, it stated the following

It means the very first consideration to justify it as 'fair use', is to prove that it advances knowledge (regardless of what field) or enriching our arts through adding something new.

Example of progressing of the arts:
Person A draws a woman sitting on a chair. Person B also draws a woman sitting on a chair = OK.
Person A draws a woman sitting on a chair sipping on wine. Person B also draws a woman sitting on a chair sipping on wine = OK.
Person A draws Mary Thompson sitting on a chair sipping on wine. Person B also draws Mary Thompson sitting on a chair sipping on wine = OK.
Person A draws Mary Thompson sitting on a chair sipping on wine. Person B takes the picture and draws it exactly as how Person A draws her = NOT OK.
Person A draws Mary Thompson sitting on a chair sipping on wine. Person B takes the picture and draws it exactly as how Person A draws her. Person B adds a new dimension to the painting, by drawing it in 3D colours, so that you need to wear 3D goggles to see Mary Thompson's tits jump out of the picture. And nobody else has done this before = TOTALLY OKAY, because it is fair use.

 

Why would you take it from HP tho? It doesn't have a complex structure and some people would claim it is pretty bad. So, why not create your own system? It is better to create your own rules and logic and you can still make it similar to HP if you like the theme.

 

*hugs* Thank you! That clarified it! \(^^)/

 

I do create my own rules. But having a HP magic system is more a fan indulgence for me. Who dont want to be a wizars when they growing up, am i right?

Here the link for my novel if you care to read and maybe getting some feedback might help: https://m.webnovel.com/book/12269218905173805

 

Based on what I can tell, I doubt you're going to be violating copyright. Basically, you're just taking spell classifications, which should be fine since it's such a vague idea.

It's a little more questionable if you use the same spells incantations though. If you want to use Latin, that's completely fine.

Although I don't think your work would really fall under fair use (This is a US thing, so IDK if it applies to other countries), I'll simplify it for you since another user mentioned it:

1. How are you using the copyrighted stuff? Is it educational? Are you making money from it?
   If your work is educational and non-commercial, this is in your favor.
2. What kind of work was the original work?
   If it's a more informative work and has been published, this is in your favor.
   
3. How much of the copyrighted stuff did you use?
   If the copyrighted stuff is a minimal part of the copyrighted work, this is in your favor.
4. How will your work affect the copyrighted work? (For example, if you wrote a story about Harry Potter going crazy and killing everyone for no reason, and this work somehow became popular, it may create a poor image for the original Harry Potter series, and this would not be in your favor.)

Come to think of it, everything that you could claim is fair use is used for is technically educational. I think it would be more concrete to note the various uses of fair use - criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. I don't think fanfictions really fall into any of those categories or any such category of similar nature. Well, if it was a satire of the original work, it could fall under criticism I guess.