Harry Potter Does the cliche of signing an "Exclusive contract" with the Quibbler make sense?

[slickrcbd]

Several fanfics have Harry signing an "exclusive contract" with the Quibbler giving them sole rights to use the name "Harry Potter" or only allowing them to use his name or write about him.

Given that I'm accustomed to American law with the First Amendment, I don't understand how this works.
Often they say that he copyrighted or trademarked his name, but newspapers are allowed to talk about products that have the name trademarked and still use that name for both good and bad reviews without the manufacturer's permission.

I think Robst was one of the first to do it, at least the first one I saw doing it in his "Can't Have It Both Ways"  fanfic, and he's usually a really good author. Yet the logical and legality behind this signing an agreement with one newspaper prevents all the others from libeling him makes no sense.
They don't even seem to have libel laws in the wizarding world, why should Harry's contract make any difference?

I'm just hoping somebody can clear up my confusion as this cliche makes little sense to me.I just want to say "things don't work that way". If it worked that way in real life, everybody would do it to prevent bad press by signing such a contract with a pet publisher.

 

[Tom Haskworth]

No, I can imagine an exclusive contract for interviews but I don't see any 'logical' way that anyone can block use of their name or news about them except in parody or farce. Of course, in a fic one can do anything even if it's not believable so maybe invent some magic that prevents it? Rather like the taboo curse on Voldemort's name, trying to publish the name Harry Potter might cause the ink to dry up before it can print or something. It depends on the story style how believable I'd find it.

 

[Prince Charon]

No, I can imagine an exclusive contract for interviews but I don't see any 'logical' way that anyone can block use of their name or news about them except in parody or farce. Of course, in a fic one can do anything even if it's not believable so maybe invent some magic that prevents it? Rather like the taboo curse on Voldemort's name, trying to publish the name Harry Potter might cause the ink to dry up before it can print or something. It depends on the story style how believable I'd find it.

Generally this, though I'd also be willing to believe it if they spent some time pointing to stupid laws that are in force in Wizarding Britain, and have muggleborns comment on how ridiculous it is.

 

[lord geryon]

Several fanfics have Harry signing an "exclusive contract" with the Quibbler giving them sole rights to use the name "Harry Potter" or only allowing them to use his name or write about him.

Given that I'm accustomed to American law with the First Amendment, I don't understand how this works.
Often they say that he copyrighted or trademarked his name, but newspapers are allowed to talk about products that have the name trademarked and still use that name for both good and bad reviews without the manufacturer's permission.

I think Robst was one of the first to do it, at least the first one I saw doing it in his "Can't Have It Both Ways"  fanfic, and he's usually a really good author. Yet the logical and legality behind this signing an agreement with one newspaper prevents all the others from libeling him makes no sense.
They don't even seem to have libel laws in the wizarding world, why should Harry's contract make any difference?

I'm just hoping somebody can clear up my confusion as this cliche makes little sense to me.I just want to say "things don't work that way". If it worked that way in real life, everybody would do it to prevent bad press by signing such a contract with a pet publisher.

I've never seen it used as a legal bludgeon as you describe. I've always seen it as an 'I'm Harry Potter and this is my favoritest newspaper on the Citadel!' type of thing.

 

[jaredstar]

moral of the story is that in the real world it wouldnt work that way but in the wizarding world as it was written you can get a way with using that as a plot point

 

[Yorae Rasante]

Several fanfics have Harry signing an "exclusive contract" with the Quibbler giving them sole rights to use the name "Harry Potter" or only allowing them to use his name or write about him.

Given that I'm accustomed to American law with the First Amendment, I don't understand how this works.
Often they say that he copyrighted or trademarked his name, but newspapers are allowed to talk about products that have the name trademarked and still use that name for both good and bad reviews without the manufacturer's permission.

I think Robst was one of the first to do it, at least the first one I saw doing it in his "Can't Have It Both Ways"  fanfic, and he's usually a really good author. Yet the logical and legality behind this signing an agreement with one newspaper prevents all the others from libeling him makes no sense.
They don't even seem to have libel laws in the wizarding world, why should Harry's contract make any difference?

I'm just hoping somebody can clear up my confusion as this cliche makes little sense to me.I just want to say "things don't work that way". If it worked that way in real life, everybody would do it to prevent bad press by signing such a contract with a pet publisher.

I've never seen it used as a legal bludgeon as you describe. I've always seen it as an 'I'm Harry Potter and this is my favoritest newspaper on the Citadel!' type of thing.

I have, in stories by more than one author. The Daily Prophet is even required to use hyphenated names to talk around this.

 

[Shirotsume]

The only case I've seen was Harry making sure that the Quibbler was the only one with the RIGHTS to his interview- other newspapers could talk about it, but the interview itself was solely the quibbler.

Basically, a semi-subtle 'fuck you' to the prophet.