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Fair Use in a Digital Age: A Closer Look at the Harry Potter Lexicon

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Fair Use in a Digital Age: A Closer Look at the Harry Potter Lexicon

Fair Use in a Digital Age: A Closer Look at the Harry Potter Lexicon.ppt
1Fair Use in a Digital Age: A Closer 28Judicial Fair Use Interpretations.
Look at the Harry Potter Lexicon. Regina Castle Rock and The Lexicon Fair use
Forker University of Connecticut School of determinations are not easily predicted
Law May 22, 2008. Warner and Rowling claim that Rowling has
2Overview. Reference Works What are always planned to publish companion books
they? The Internets Impact What problems to Harry Potter and that the Lexicon
do they pose? U.S. IP Origins The U.S. precludes Rowlings ability to publish
Bundle of Rights Fair Use Overview What such a work Under Castle Rock, such an
is Fair Use? Why is it Important? How is argument lacks merit.
Fair Use Determined? Background of the 29Judicial Fair Use Interpretations.
Lexicon Lawsuit. Video Pipeline, Inc. v. Buena Vista Home
3Overview. Judicial Fair Use Entertainment, Inc., 192 F. Supp. 2d 321
Interpretations Collectors Guides Trivia (2002) Video Pipeline (VP) contracted with
Books Online Movie Previews Public Disney to format previews and video clips
Commentary on the Lexicon Comparative Fair for use in video retail stores Disney
Use How would the Lexicon fare in the argued that VPs digitization and internet
U.K.? The E.U.? Predictions and streaming of the in-store trailers and
Conclusion. clip previews on VPs website and the
4Reference Works. What are they? copying of Disney trailers constituted
Guides, summaries, compendiums, handbooks, copyright infringement.
dictionaries Compilation of information 30Judicial Fair Use Interpretations.
for the purpose of easy reference US Video Pipeline, Inc. cont. A fair use
copyright protection is afforded to defense is favored if the copying
compilations 17 USC 101 Compilation: a complements the use of the copyrighted
work formed by the collection, assembling works and serves a transformative purpose,
of preexisting materials or of data that that is, a purpose different than that of
are selected, coordinated, or arranged in the copyright owner. Fair use, when
such a way that the resulting work as a properly applied, is limited to copying by
whole constitutes an original work of others which does not materially impair
authorship Can focus on anything from the marketability of the work which is
popular movies, books, authors, genres to copied..
legal, medical, and historical subjects 31Judicial Fair Use Interpretations.
The sale of such guides is big business. Video Pipeline, Inc. cont. Like the
5Reference Works. Literally thousands collectors guide in Ty, the clip previews
of such works are available The Copyright and trailers in this case are
Guide: A Friendly Handbook for Protecting informational, as they provide segments of
and Profiting from Copyrights Everyman's the actual copyrighted movie to inform
Guide to the Mysteries of Agatha Christie customers of the movie's story or theme.
Star Wars, Episode I What's What: A Pocket Unlike Ty, however, the clip previews and
Guide to The Phantom Menace The Lovecraft trailers, although accumulated on a
Lexicon: A Reader's Guide to Persons, database, do not add additional or
Places and Things in the Tales of H.P. critical evaluative information to the
Lovecraft The Rough Guide to Frank Sinatra copyrighted works, as they are only
The Regions of Germany: A Reference Guide truncated versions of the movies, with
to History and Culture It's Not Too Late choice scenes selected and put together.
To Learn Computers: An Easy Reference Although the clip previews and trailers in
Guide Leonard Maltin's Movie Guide The this case are not clear substitutes for
Complete Idiot's Guide to the World of the copyrighted works, they do not
Narnia Chaucer's Pilgrims: An Historical complement the motion picture rentals or
Guide to the Pilgrims in The Canterbury sales by adding information similar to a
Tales. collectors guide nor do they represent an
6Reference Works. The Internets Impact entirely different product line that
on Reference Works Anyone can publish consumers of the movie may also be
online It seems the internet has done interested in purchasing, as in Ty..
nothing but increased the availability of 32Judicial Fair Use Interpretations.
such guides Allows smaller publishers to Video Pipeline, Inc. and The Lexicon It
sell books online Allows individuals to could be argued that the entries that make
create guides and post them on websites up the Lexicon inform customers of
Without a publisher involved, mistakes may thestory or theme, and are thus
be more prevalent; more boundaries may be analogous to the clips formatted together
inadvertently crossed. to form a preview, which the court held to
7Reference Works. What Problems Do They be derivative works But the Lexicon
Pose? Line between reference works and arguably serves a transformative purpose
unprotectable derivative works is blurry other than that of the Harry Potter books
Do not want the rights of the copyright themselves It could also be argued that
holder to be stifled or usurped by the Lexicon complements the books and is
creators of reference works BUT we must thus more analogous to the protected
allow for the fair use of copyrighted collectors guides.
works Do not want to stifle creativity or 33Public Commentary. Popular consensus
promote monopolies. among scholars is that Rowling has a weak
8U.S. Intellectual Property Origins. IP case, if any, and that the Lexicon is
rights officially recognized in the U.S. protected under the fair use doctrine On
as federal law when the Constitution was the other side, however, are laypeople
adopted in 1787 12 of the 13 colonies leaving comments on online articles and
already had copyright statutes Article 1 blogs; those comments undoubtedly favor
Section 8 of the Constitution empowers Rowling and think the Lexicon should not
Congress to promote the Progress of be published.
Science and useful Arts, by securing for 34Public Commentary. William Patry,
limited Times to Authors and Inventors the author of Patry on Copyright and senior
exclusive Right to their respective copyright counsel for Google I dont see
Writings and Discoveries. As of the how a list of spellsis anything other
Copyright Act of 1976, under 17 U.S.C. than fair useRegardless of how the Harry
106, copyright holders are granted a Potter suit comes out, the most depressing
bundle of exclusive IP rights Includes part is that it was brought at all. Fans
the right to prepare derivative works. will happily buy her book; the only
9Note on Derivative Works. 17 USC 101 effects of the suit, therefore are
Defines Derivative Work A derivative negative..
work is a work based upon one or more 35Public Commentary. Tim Wu, a Columbia
preexisting works, such as a translation, Law School professor and freelance writer
musical arrangement, dramatization, Rowling is overstepping her bounds. She
fictionalization, motion picture version, has confused the adaptations of a work,
sound recording, art reproduction, which she does own, with discussion of her
abridgment, condensation, or any other work, which she doesnt. No one would
form in which a work may be recast, read the Lexicon as a substitute for the
transformed, or adapted. A work consisting Potter books; it is useless unless youve
of editorial revisions, annotations, read the original, and that makes all the
elaborations, or other modifications differenceGiving Rowling what she wants
which, as a whole, represent an original would be like giving Egypt the power to
work of authorship, is a derivative control guides to the pyramids..
work. Are reference guides actually 36Public Commentary. User Comments on
derivative works? the William Patry blogs It is my
10Fair Use Overview. What is Fair Use? educated, but inexperienced, opinion that
17 USC 107 codified in 1976 The fair the Compendium [Lexicon] would not
use of a copyrighted work, including such constitute a fair use of Ms. Rowling's
use by reproduction in copies or copyrighted materials. The purpose of the
phonorecords, for purposes such as use is commercial in nature and arguably
criticism, comment, news reporting, non-transformative. The Compendium -
teaching (including multiple copies for judging by the court filings - is simply
classroom use), scholarship, or research, an alphabetical re-formatting of Ms.
is not an infringement of copyright. Rowling's creative expression. It comes
11Fair Use Overview Cont. Why is Fair down to money...this guy saw that the
Use Important? The concept of Fair Use Harry Potter series was a way to make
allows others to use copyrighted works money for him so he decided to try to cash
Falls in line with purpose of Article 1 in on it. Should he be permitted to do so,
Section 8 to promote the Progress of NO..
Science and useful Arts Fair use has been 37Public Commentary. User comments on
described as a rule of reason balancing an the Slate.com article J.K. Rowlings Dark
authors right to compensation against the Mark JK should not lose her copyright
publics interest in the widest possible lawsuit. she is not discouraging
dissemination of ideas and information individual writers or fan fiction it is
Without fair use, authors and creators simply saying that lexicon should not be
have a virtual monopoly over their works. able to publish and therefore make money
12Fair Use Overview Cont. Folsom v. from something that was her original idea
Marsh, 9 F.Cas. 342 (1841) Beginnings of and not only that but she will soon be
the Fair Use common law doctrine The completing her own encyclopedia of Harry
Reverend Charles Upham, the author of a Potter I actually agree with Rowling...
2-volume Life of Washington, was found to It is her rights. It's fine to be a fan
have infringed the copyright of The and do all those things out of love, but
Writings of George Washington written by trying to make money off of someone else's
Jared Sparks. Upham had copied 255 pages creation sucks..
of Washingtons letters that were 38Comparative Fair Use: How would the
contained in Sparks work. No one can Lexicon fare in the U.K.? Instead of a
doubt that a reviewer may fairly cite fair use concept, the UK employs the
largely from the original work, if his notion of fair dealing The idea behind
design be really and truly to use the the concept is that if copyright laws are
passages for the purposes of fair and too restrictive, it may stifle free
reasonable criticism. It is as clear, speech, news reporting, or result in
that if he thus cites the most important disproportionate penalties for
parts of the work, with a view, not to inconsequential or accidental inclusion UK
criticise, but to supersede the use of the fair dealing is more restrictive than in
original work, and substitute the review the US and applies only to statutorily
for it, such a use will be deemed in law a defined situations.
piracy.. 39Comparative Fair Use: How would the
13Background: The Harry Potter Lexicon. Lexicon fare in the U.K.? Copyright,
Harry Potter is the main character in a Designs and Patents Act 1988, Chapter III
widely popular book series about a young Acts Permitted in relation to Copyright
orphan boy who discovers that he is a Works, 29. Fair dealing with a literary
famous wizard Written by British author, work, [other than a database] or a
J.K. Rowling She has published seven Harry dramatic, musical or artistic work for the
Potter books Four movies have been purposes of research or private study does
released by Warner Brothers; the rest are not infringe any copyright in the work or,
in production Warner is a licensee of in the case of a published edition, in the
Rowling Dubbed by Forbes as the Billion typographical arrangement Fair dealing
Dollar Brand. with a work for the purpose of criticism
14Background: The Harry Potter Lexicon. or review, of that or another work or of a
Countless spin-off publications have been performance of a work, does not infringe
published, with and without permission any copyright in the work provided that it
Ultimate Unofficial Guide to the Mysteries is accompanied by a sufficient
of Harry Potter The Complete Idiot's Guide acknowledgement.
to the World of Harry The Book of Harry 40Comparative Fair Use: How would the
Potter Trifles, Trivias, and Lexicon fare in the U.K.? The Society of
Particularities Fact, Fiction, And Authors and the Publishers Association has
Folklore In Harry Potter's World: An issued guidelines regarding fair dealing
Unofficial Guide A The Unauthorized Harry in the context of criticism and review
Potter: Everything You Ever Wanted to Know Defined fair dealing as a single extract
About the Harry Potter Series J.K. of up to 400 words or a series of extracts
Rowling's Harry Potter Novels: A Reader's (of which none exceeds 300 words) to a
Guide Unauthorized The Pottersaurus: total of 800 words from a prose work. The
1,500 Words Harry Potter Readers Need to words MUST be quoted in the context of
Know. criticism or review. The online Lexicon
15Background: The Harry Potter Lexicon. does not use quotation marks around direct
Countless websites revolving around the quotations, and it is reported that the
world of Harry Potter have been created, print version did not use them either.
both sanctioned and not mugglenet.com 41Comparative Fair Use: How would the
www.darkmark.com Lexicon fare in the U.K.? The University
www.harrypotterorderofthephoenix.com of Cambridge has indicated that fair
www.the-leaky-cauldron.org dealing for the purposes of criticism or
www.harrypotterfanzone.com review may apply if short extracts of
www.veritaserum.com copyright material are posted on an
www.harrypotterrealm.com. intranet or possibly the Internet, but the
16Background: The Harry Potter Lexicon. purpose must be that of criticism or
The Harry Potter Lexicon In July 2000, review and not use of the extracts solely
Steve Vander Ark started the Harry Potter for anthologizing or illustrative
Lexicon website The most amazing and purposes The purpose of the Lexicon is
complete reference anywhere to the world essentially to organize and anthologize
of Harry Potter. Includes things like information in Rowlings books for
Encyclopedia of Potions Visitors Guide to illustrative purposes"
Hogwarts Readers Guides Encyclopedia of 42Comparative Fair Use: How would the
Spells In June 2004, it won J.K. Rowlings Lexicon fare in the U.K.? The UK
Fan Site Award. Intellectual Property Office, official
17Background: The Harry Potter Lexicon. government body responsible for granting
Rowling was openly supportive of the IP rights in the UK, said: Fair dealing
Lexicon and posted about it on her own has been interpreted by the courts on a
website: This is such a great site that I number of occasions by looking at the
have been known to sneak into an internet economic impact on the copyright owner of
caf? while out writing and check a fact the use; where the economic impact is not
rather than go into a bookshop and buy a significant, the use may count as fair
copy of Harry Potter (which is dealing. So, it is probably within the
embarrassing). A website for the scope of the above fair dealing exception
dangerously obsessive; my natural home.. to make single photocopies of short
18Background: The Harry Potter Lexicon. extracts of a copyright work for certain
Up until the 7th Harry Potter book was purposes, that is, non-commercial research
published, the Lexicon remained a website or private study, criticism or review,
After publication, RDR Books, a small reporting current events, and so on..
independent publisher, contacted Vander 43Comparative Fair Use: How would the
Ark about selling the Lexicon in book form Lexicon fare in the U.K.? Vander Arks
Vander Ark eventually agreed and the guide admittedly uses a great amount of
publication process began They assured him direct quotations from the Potter books
it was a legal endeavor Included indemnity The Lexicon does not fit into the boxes of
clause in contract whereby they would criticism or review The Lexicon, which
represent him and pay damages in the event comprises hundreds of pages of copyrighted
a suit was filed. material, hardly seems to fit into the
19Background: The Harry Potter Lexicon. scope of fair dealing in the UK Not likely
No contact was initiated with Rowling or he would find protection in the UK.
Warner before or during publication 44Comparative Fair Use: How would the
Rowlings agent saw an online Lexicon fare in the E.U.? All European
advertisement for the Lexicon in September Union Member States are parties to the:
2007 which indicated it was to be released Berne Convention TRIPS (Trade-related
in October 2007 Warner and Rowling Aspects Of Intellectual Property Rights)
contacted RDR and demanded publication be WIPO Copyright Treaty.
halted; no conclusive response was 45Comparative Fair Use: How would the
received and they filed a Complaint. Lexicon fare in the E.U.? Berne Convention
20Background: The Harry Potter Lexicon. Gives authors the exclusive the right to
The Complaint Filed October 31, 2007 make adaptations, arrangements, other
Alleged copyright infringement, trademark alterations and collections of the work
infringement, unfair competition and false Free Use Concept Permissible to make
designation of origin, false advertising, quotations from a work which has already
deceptive trade practices, and unfair been lawfully made available to the
competition under New York common law public, provided it is compatible with
Sought a declaratory judgment regarding fair practice, and the extent does not
the copyright infringement, an injunction exceed that justified by the purpose,
restraining the manufacture, distribution, including quotations from newspaper
marketing, advertisement, promotion or articles and periodicals in the form of
solicitation of the book, as well as press summaries It is a matter for
various damages including a profit legislation in EU countries to permit the
accounting and costs of the suit. utilization, to the extent justified by
21Background: The Harry Potter Lexicon. the purpose, of literary or artistic works
The Complaint There is a significant by way of illustration in publications,
difference between giving the innumerable broadcasts or sound or visual recordings
Harry Potter fan sites latitude to discuss for teaching, provided such utilization is
the Harry Potter works in the context of compatible with fair practice The Lexicon
free-of-charge, ephemeral websites and is not for teaching and certainly does
allowing a single fan site owner and his more than make quotations from the Harry
publisher to commercially exploit the Potter books.
Harry Potter Books in contravention of Ms. 46Comparative Fair Use: How would the
Rowlings wishes and rights and to the Lexicon fare in the E.U.? Pursuant to the
detriment of other Harry Potter fan European Directive of May 22, 2001
sites. Rowling has said she plans to permitted limitations include: Use for
write an authoritative reference guide and illustration for teaching or scientific
donate the proceeds to charity. research, to the extent justified by the
22Background: The Harry Potter Lexicon. non-commercial purpose Press reviews and
RDR Books has gotten free legal help from news reporting; Quotations for the
Stanford University Law School's Fair Use purposes of criticism or review;
Project Bench trial began in New York on Incidental inclusion in another work;
April 14 and lased three days Ruling is Caricature, parody or pastiche The
expected any day. widespread copying found in the Lexicon
23Judicial Fair Use Interpretations. Ty, does not seem to comport with any of these
Inc. v. Publications International, 292 permitted exceptions.
F.3d 512 (7th Cir. 2002) Ty, the 47Comparative Fair Use: How would the
manufacturer of the once-popular Beanie Lexicon fare in the E.U.? TRIPS (Agreement
Baby toys, filed suit against Publications on Trade-related Aspects Of Intellectual
International Limited (PIL) PIL had Property Rights) Exceptions to exclusive
published several books about Beanie rights, like fair use, must be
Babies, including For the Love of Beanie constrained: 3-Step Test for Exceptions
Babies and Beanie Babies Collectors Guide (also found in Berne) Members shall
The 7th Circuit reversed the lower courts confine limitations and exceptions to
summary judgment in favor of Ty. exclusive rights to Certain special cases;
24Judicial Fair Use Interpretations. Ty, Which do not conflict with a normal
Inc. v. Publications International Cont. exploitation of the work; And do not
Needed more information to determine unreasonably prejudice the legitimate
whether the books were collectors guides, interests of the rights holder Does the
which would constitute fair use, or Lexicon unreasonably prejudice the
whether they were unauthorized derivative legitimate interests of Rowling as the
works Copying that is complementary to author? Does it conflict with normal
the copyrighted work (in the sense that exploitation of the work?
nails are complements of hammers) is fair 48Comparative Fair Use: How would the
use, but copying that is a substitute for Lexicon fare in the E.U.? WIPO Copyright
the copyrighted work (in the sense that Treaty Copyright protection extends to
nails are substitutes for pegs or screws), expressions and not to ideas, procedures,
or for derivative works from the methods of operation or mathematical
copyrighted work, is not fair use. When concepts Nothing in this Treaty shall
discussing guides in reference to derogate from existing obligations that
derivative works, the court noted that Contracting Parties have to each other
guides dont recast, transform, or adapt under the Berne Convention Also mandates
the things to which they are guides. A the three-step restraint of Berne, TRIPS
guide to Parisian restaurants is not a Provides for protection for compilations
recasting, transforming, or adapting of of data or other material, in any form,
Parisian restaurants.. which by reason of the selection or
25Judicial Fair Use Interpretations. Ty arrangement of their contents constitute
and The Lexicon Should the guides intellectual creations. This protection
discussed in Ty be analogized to the does not extend to the data or the
Lexicon? It seems that a reference guide material itself and is without prejudice
such as the Lexicon would not be to any copyright subsisting in the data or
considered a substitute for the material contained in the compilation Does
copyrighted Harry Potter book Instead, it not seem the Lexicon would be protected as
seems more to complement the books in a compilation since the underlying work in
that it explains, catalogues and parses the compilation is all copyrighted.
out the contents of the books, rather than 49Predictions, Comments &
replaces it Would the Lexicon ever be Conclusions. The internet has made it easy
considered a replacement for the Harry for anyone and everyone to create
Potter books? derivative works, post them online, and
26Judicial Fair Use Interpretations. benefit from them commercially The outcome
Castle Rock Entertainment, Inc. v. Carol of this lawsuit will have an impact on
Publishing Group, Inc., 150 F.3d 132, (2d this practice The internet has also made
Cir. 1998) Castle Rock sued Carol it easier for creators of original
Publishing for publication of The Seinfeld material to post it online and share it
Aptitude Test, a trivia book about the with the world It is hard to predict how
popular TV show, Seinfeld 2nd Circuit the court will rule The Judge hearing the
said: By developing or licensing a market case urged the parties to settle, though
for parody, news reporting, educational or neither party seems to have taken the
other transformative uses of its own advice.
creative work, a copyright owner plainly 50Predictions, Comments &
cannot prevent others from entering those Conclusions. Based on the fact that
fair use markets.. unauthorized guides have existed for so
27Judicial Fair Use Interpretations. long, the Lexicon has a good chance for
Castle Rock Entertainment, Inc. cont. protection in the US If this case was
Surprising decision Court concluded that brought in Europe, chances for protection
The SAT unlawfully copied from Seinfeld decrease dramatically Denying protection
and that its copying did not constitute would be a big blow to the guide
fair use and thus was an actionable industry and would disappoint many fans
infringement Later, the Ty court had this How realistic is it that such guides would
to say about the holding: The holding [in disappear completely Even if publishers
Castle Rock] seems to rest in part, and refused to publish them, anyone can post
very dubiously we must say, on the court's on the internet Will more infringement
judgment that the book was frivolous. But suits be brought? Fair Use seems to
the fair-use doctrine is not intended to sufficiently protect the concept of such a
set up the courts as judges of the quality guide, perhaps with some modifications.
of expressive works..
Fair Use in a Digital Age: A Closer Look at the Harry Potter Lexicon.ppt
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Fair Use in a Digital Age: A Closer Look at the Harry Potter Lexicon

Fair Use in a Digital Age: A Closer Look at the Harry Potter Lexicon

The green movement - Management of each such branch in which head there is a chief executive, carries out national board. One of the largest victories in the given campaign can name refusal of flooding of an oil platform brent spar as it contained many toxic substances. The countries in which there are offices Greenpeace.

The animals - BISON. LIZARD. REINDEER. HIPPO. SNAKE. The animals which live in the polar regions. FISH. PARROT. BOBCAT. The animals which live in the OCEAN. SCORPIO. The ANIMALS of our planet. KOALA. GIRAFFE. LION. GORILLA. KANGAROO. SQUIRREL. SEAL. POLAR BEAR. FLAMINGO. The animals which live in a SAVANNA. WHALE.

the woman - . = . , . . ; . As great a pity to see a woman cry as a goose go barefoot.

The english-speaking countries - The English-speaking countries. Australia. Great Britain. USA. Scotland. Disneyland.

Pointillism - Choose the right variant. Port in Marcel. Paul Signac. Match the artists name with the picture, he painted. A still life with a book. 4.Paul Signac was the main founder of Society of Independent Artists. and. Portrait of Fenix Fenion. Self-portrait Breakfast La Tour Eifel The Beach Heist.

Flat - There ... in the room. HOME, SWEET HOME. flowers. a table. Opposite the sofa there are bookshelves. On the table there is a stereo. There is a video on the desk. a wall unit. a kitchen. a dining-room. a carpet. There a ... in the room. There ... a chair in the room. There is a sofa near the wall. a sofa.

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