not that there's anything wrong with that

Maybe it doesn't matter, but I'm seeing two claims in this post by Lynn168:

1. Someone who writes HP into a situation he normally wouldn't be in is creating a new character (since HP wouldn't be in a sexual situation, etc.)
   
2. Someone who writes HP into a situation he normally would be in is creating a new character (since that someone is not J.K. Rowling).

I don't know how to answer her question just yet: "At what point is a FanFic character a completely new character?" But I do think it's more related to the concept of authorization (er, official permission of the copyright holder) than the monetary criteria your OpenSpaces article suggests (I didn't read it).

For example, most of us would consider the final two seasons of Seinfeld to be legitimate and part of the Seinfeld universe (or whatever). But any diehard fan knows that the departure of Larry David, who deserves at least half the credit for the creation/ongoing spirit of the show, after season 7 introduced considerable changes into the show/work. The final two seasons relied heavily on slapstick and were really over the top, even as far as Seinfeld is concerned.

Many of the show's writers were different (a problem of authorship in itself) but the characters and primary setting remained the same. Yet, like your HP examples, here are clear cases where the cast of characters are alternately in situations or do things that would/would not be considered "normal." But I don't hear anyone arguing that George, Jerry, Elaine, and Kramer were "completely new." I think that is because it was authorized and believable.

In the Kenny Rogers Chicken episode, Jerry and Kramer switched roles--and it paid off in laughs for most people. At a basic level, the episode is just like fan fiction in that it plays around with these established character conventions. But these are not new characters, even though they are taken on and manipulated by different writers, because they went "back to normal" in the next episode.

But those seasons shaped characters in the same way characters are always shaped from show to show, season to season, or novel to novel--even when it's the same writer. My guess is that most people don't really think about who wrote the show or break it down into George 1994-1996, Larry Charles-era George, etc.; it's just George. But you could.

I guess to answer Lynn's question, I think at the point a "new character" is formed is the point at which it ceases to be FanFic. I could write a story about a character that acts like Han Solo but is called Harry Potter and lives in HP land, but what's the point?

I realize this may be apples to oranges. I really wanted to just share this link with you all, where you can read about how Emily Dickinson would fare in a rap battle.