Zomg Harry Potter and the fair use hippies

ZRH

ZRH

(retired?) Google-F.U.
Mar 5, 2005
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http://news.bbc.co.uk/2/hi/entertainment/7605142.stm

One thing to note is that the BBC article isnt exactly neutral. For some reason it only covers her point of view.

Her hypocrisy is breathtaking. Someone should have advised her on leaving well enough alone since there is strong evidence, both concrete and circumstantial that Harry Potter is far less than an original work of fiction. Particularly in regards to the works of one Nancy K. Stouffer who wrote 'The Legend of Rah and the Muggles' about a boy named Larry Potter.

There was a lawsuit about this and Rowling's lawyers characterized Stouffer's claim as "frivolous" at the time.

She had been planning to write her own definitive encyclopaedia, the proceeds of which she had intended to donate to charity.

However, she told the court in April she is not sure if she has "the will or the heart" to do it after all.
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Greed at it's finest. I do personally despise those who play the martyr.

Now for a word from the US Copyright office.:

the fair use of a copyrighted work, including such use by reproduction in copies... or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright...
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http://www.copyright.gov/title17/92chap1.html#107

There has been a huge deemphasis of fair use in the federal courts “since many, if not most, secondary users seek at least some measure of commercial gain from their use” (60 F.3d 913 (2nd Cir. 1994)). Blurring the line eagerly between commercial gain and educational value makes a loophole you can drive trucks through in US Copyright law.
 
I can kinda understand the desire to protect your ideas. However, as FG pointed out her work seems to be a collection of works of others.

The person that put together the dictionary that she fought was a super fan. Seems petty to go against one of your biggest fans.
 
Dharmal52l said:
I can kinda understand the desire to protect your ideas. However, as FG pointed out her work seems to be a collection of works of others.

The person that put together the dictionary that she fought was a super fan. Seems petty to go against one of your biggest fans.
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Star wars is also a collection of borrowed ideas. I bet George Lucas would do the same thing if somebody try to produce a Star Wars encyclopedia without his approval.
 
Gina said:
Star wars is also a collection of borrowed ideas. I bet George Lucas would do the same thing if somebody try to produce a Star Wars encyclopedia without his approval.
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Actually, star wars is a noted example of incorporating fan fiction and derivative works into official canon. The only case I can remember was some guy making storm trooper costumes branded as original http://www.guardian.co.uk/film/2008/apr/07/news.law That is a completely different issue though because trademark and copyright are separate and distinct issues.

Had Rowling sued over the use of trademarked names or logos it wouldnt be that big of a deal but she sued over copyright which is exclusive right to the ideas, words, and substance of the work.

The reason for copyright is first market capitalization in order to promote original works. It has never been something used to suppress all discourse on those works once they are part of the public knowledge or to keep them from being used where the benefit to society is great and the creator has been compensated.
 
FlamingGlory said:
Actually, star wars is a noted example of incorporating fan fiction and derivative works into official canon. The only case I can remember was some guy making storm trooper costumes branded as original http://www.guardian.co.uk/film/2008/apr/07/news.law That is a completely different issue though because trademark and copyright are separate and distinct issues.

Had Rowling sued over the use of trademarked names or logos it wouldnt be that big of a deal but she sued over copyright which is exclusive right to the ideas, words, and substance of the work.

The reason for copyright is first market capitalization in order to promote original works. It has never been something used to suppress all discourse on those works once they are part of the public knowledge or to keep them from being used where the benefit to society is great and the creator has been compensated.
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The costume might be canon. However at what level of canon is the costume?

Star Wars canon :fly:
 
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