John Hasler wrote:
So putting a new chapter nine into Harry Potter does not create a
derivative?

I don't know enough to say. Copyright extends to characters and the
right to sequels. Writing an unauthorized story using those characters
is not permitted, and someone who creates an unauthorized work does
not gain copyright to it, even to his original portions:

<http://www.law.cornell.edu/uscode/17/usc_sec_17_00000103----000-.html>
    The subject matter of copyright as specified by section 102
    includes compilations and derivative works, but protection
    for a work employing preexisting material in which copyright
    subsists does not extend to any part of the work in which
    such material has been used unlawfully.
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