[cc-community] fan sites, fair use, and Harry Potter

Robert Atwood lists at atwood.org.uk
Sat Mar 1 09:00:29 EST 2008


Greg London wrote:
> Someone is commercially publishing an unauthorized encyclopedia of the
> Harry Potter universe. The interesting bit was that the publisher is
> arguing that since Rowling allowed free, fan-based websites, their efforts
> to sell a commercial book were justified.
> 

It looks like the publisher is (also?)  making the argument that lexicon 
does not infringe because, in essence, Rowling doesn't have a patent on 
Potter, simply copyright, they  claim it's a work of criticism  - maybe 
like "A Skeleton Key to Finnegans Wake" only easier to understand :-P
It seems to me it all depends on how much actual verbatim material 
written by Rowling  is included in the lexicon? If the courts ignore the 
  argument you mention they may still allow the lexcon for that reason ...

"said .. that Rowling is seeking a monopoly over the work, which is not 
part of copyright law."


  "Like a reference book or a guide to literature, it's a 
long-recognized genre. ... We are not replacing the novel or taking away 
the market."


> Rowling has been one of the most friendly authors as far as allowing fan
> based derivatives goes. It's a weird argument that the publisher is making
> though. If the courts actually upheld it, that would mean that CC-NC would
> also open authors up to unauthorized commercial derivatives of their
> works.
> 

Well --  all the more reason not to use it !

> I assume the courts aren't going to buy that one, but who knows.
> 
> http://omg.yahoo.com/jk-rowling-bashes-harry-potter-lexicon/news/7070?nc
> 
> 
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