Joho the BlogRowling wins copyright suit, but a little good news for Fair Use - Joho the Blog

Rowling wins copyright suit, but a little good news for Fair Use

JK Rowling has won her suit against the publisher of a Harry Potter lexicon. David Ardia, of the Berkman Center’s Citizen Media Law Project finds some good news for Fair Use in the decision.

I liked Tim Wu’s explanation last January of why Rowling should lose the case, and was disappointed in the decision.

[Tags: ]

One Response to “Rowling wins copyright suit, but a little good news for Fair Use”

  1. I disagree, and so does PJ at Groklaw. I haven’t seen the draft book but the online Lexicon goes beyond fair use, copying text in large chunks. While it doesn’t have the narrative of Rowling’s works, it does include much of the content and very little (as I understand the decision) of a truly transformative nature.

    AFAICS, Tim’s argument is based on a misconception that Rowling was arguing against commentary of her work (actually, she may have been, but that’s not why she won), but the Lexicon has little analysis and lots of collection. Had the author discussed the nature of the dementors with reference to precursors in classical mythology, yes, game on. But the online entry was a straight cull of all the descriptions that Rowling made in her books. That’s copyright infringement under the law, and Rowling was justified in seeking to protect her work.


Web Joho only

Comments (RSS).  RSS icon