Tanya Grotter and the Magic Double Bass
Slate has a piece about Harry Potter and copyright worldwide that is a disguised call for copyright reform. Well written, well argued, extremely good argument, won't be picked up anywhere else.
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Won't be picked up anywhere else? This article has been on the front page of msn.com all day Friday.
Art which uses found objects, cultural references, preexisting stories may be protected under the fair use doctrine.
To decide whether a use is "fair use" or not, courts consider:
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and,
4. the effect of the use upon the potential market for or value of the copyrighted work. 17 U.S.C. 107(1-4)
more here
--Stephen