you contradicted yourself there. There are several of those categories that reference works could fall under. Scholarship and research both come to mind. Yeah, harry potter is fiction, but it's such a phenomenon that many scholars do study it. It's not completely cut and dried, but it does seem be more obviously fair use than infringement. (Oh yeah, it's fair use, not free use)
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you contradicted yourself there. There are several of those categories that reference works could fall under. Scholarship and research both come to mind. Yeah, harry potter is fiction, but it's such a phenomenon that many scholars do study it. It's not completely cut and dried, but it does seem be more obviously fair use than infringement. (Oh yeah, it's fair use, not free use)