Is Interactive Writing Protected By Copyright?

While digging through my emails I came across a comment sent to me by a law firm about the Pottermore launch. It raises some good points.

“An interesting question […] is whether there is any protection available for the interactive elements of a website like Pottermore,” said Shireen Peermohamed, an intellectual property specialist at London law firm Harbottle & Lewis.

“These elements, known as graphical user interfaces, are not just the screen visuals, but the interfaces which users can touch or click on to access other materials or navigate themselves to other parts of the site. As such, they can bring books to life and tailor the online experience for individual readers.

“A recent European Court of Justice case has sowed seeds for arguing that the ‘interactive-ness’ of these interfaces may be protected by copyright, quite apart from any protection available for the screen visuals or content, if they are the own intellectual creation of the authors. Sites like Pottermore which are bringing content to readers in new and exciting ways will no doubt want to follow developments in this area to maximise how they can protect what they have created.”

Peermohamed acknowledged that the basic work would be protected by traditional copyright laws, so Rowling need not fear in that regard, but the whole notion of copyrighting the interactive elements raises a number of questions.

Are these really creative works? Does the copyright extend beyond the words to the technology itself, and if it does will patents be required, and what sort of legal wrangling will that result in?

Pottermore could be the guinea pig for all of this, the interactive reading experience that may set a precedent in law, and perhaps also in how writers engage with their fans.