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An Appeal In the "Harry Potter Lexicon" Case
NewYorkCountryLawyer writes "RDR Books, the would-be publisher of the book version of the 'Harry Potter Lexicon' Web site, has filed an appeal from the judge's decision in Warner Bros. Pictures v. RDR Books, the case involving the Harry Potter Lexicon. The judge, after a bench trial, issued an injunction and awarded statutory damages of $6,750 (as we discussed at the time), holding that the Lexicon was not protected by fair use due to (a) sloppiness in attribution in sections, (b) the length of some of the quotes, and (c) imitation of J. K. Rowling's writing style in portions. I recently wrote an article criticizing the opinion, but doubting that an appeal would be taken in view of the small damages award. I guess I underestimated the resolve of the defendants and defendants' lawyers — who include the Stanford Law School Center for Internet and Society."
The story is about a boy who lives in a cupboard ("in the closet"). His Aunt and Uncle are ashamed of him because his parents were quite eccentric ("flaming") and they are deeply concerned and afraid that he will turn out just like them. On his 11th birthday (i.e. roughly at the onset of puberty), the boy discovers that he is actually a "wizard", different in both style and substance from straight people, or "muggles" (breeders).
The boy is groomed into his new existence by a large, hairy bear of a man who shows Harry a hidden underground community of "wizards"(the gay subculture) living right under the noses of the general population . Harry's first visit to this subculture involves traveling through "Diagon Alley", a play on the word diagonally (not straight).
...(c) imitation of J. K. Rowling's writing style in portions...
Is that even an enforceable law? If so most authors should have their books contested, as people learn partly through imitation and experience. Throwing weak points out like that makes me suspect of the ruling.
"Enjoy what you're doing! If it becomes drudgery, you're doing it wrong!" - Jim Butterfield
What does her wealth have to do with it?
I was not aware that society's subjective judgment of whether someone has made "enough" money from one's intellectual property was a factor in copyright law. Either there's a copyright infringement or there isn't. Rowling's wealth and success are irrelevant.
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Hold your horses!
Whoa, whoa, whoa. Back up a moment! NewYorkCountryLawyer, I normally respect your posts, but this one is in need of some serious scrutiny.
As it happens, I was listening to the details of the case this morning on NPR. The problem with this specific book is not that it focuses on the Harry Potter series. The problem is that nearly every description was lifted from the books in a reasonably clear case of plagerism and/or derivitive works. Most reference books contain unique descriptions and commentary above and beyond the information presented in the source material. However, this particular lexicon made no effort to add such value over the books themselves.
In effect, it was merely a reorganization of J.K. Rowling's books into a dry reference. Something for which only the author has a legal right to grant.
THAT is why the judge found against the lexicon. And he did so with a strong warning that this book is an exception to the usually legal practice:
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Erm...What?
Why the bad attitude in the submission post?
Someone was trying to release a commercial product whose premise was stealing content from an established work.
If they didn't get hit hard on copyright infringement, they'd get hit hard on trademark infringement, and rightly so.
Like it nor not, J. K. Rowling created the series, and decided to turn it into a commercial enterprise. It's well within her moral and legal rights to make sure a bunch of idiots don't cling to her coattails trying to milk dollars from a popular franchise that they have no legitimate claim to.
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Amazingly slanted summary
I heard J.K. Rowling interviewed on NPR about this. She listed many of the books that are derivative works that she is thrilled about. The commonality with acceptable books is that they add original thoughts. The targeted book contained no original thoughts but just indexed material from her books, in many cases copying the content and even indexes from her books verbatim.
The lawsuit was to stop the publication of the book; it had nothing to do with the $6k.
Diagonal lines are as straight as any other lines.
What does her wealth have to do with it? I was not aware that society's subjective judgment of whether someone has made "enough" money from one's intellectual property was a factor in copyright law. Either there's a copyright infringement or there isn't. Rowling's wealth and success are irrelevant.
I remember seeing this comment in the earlier discussion some time back.
While wealth might not be a factor in whether there's an infringement or not, wealth is relevant to the theory of copyright law. Copyright doesn't exist to make people lots of money. It exists to provide incentive for people to create things they otherwise wouldn't have created.
In terms of economics, paying a dollar more than is required to provide that incentive, or providing a day more copyright, is inefficient. If the author would have created it without that extra little bit, then that extra little bit is a waste. Society is overpaying for creativity.
Of course, determining the exact amount of incentive in each case isn't feasible, so there will always be some overpaying. However, the point is that if copyright were making every rights holder wealthy, it would probably indicate that society was in general overpaying for its creativity. And, as in the case, if one rights holder becomes very wealthy, society is probably overpaying in that instance.
Would Rowling still have written her books if the work only got her half her current earnings? Probably. A quarter or a tenth? Still probable. Would she have written the books if copyright only lasted 15 years, instead of decades? Probably. Society is undoubtedly overpaying for this creativity.
"Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
Even this judge recognized that a reference work to a copyrighted fictional work is indeed a fair use.
Ray Beckerman +5 Insightful
You forgot the hot-n'-heavy scene with Tinky Winky.
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
If he made a parody of the thing, he'd be safe ?
1. s/Harry Potter/Hairy Putter/g
2. ???
3. Profit !