Reasonable 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. Regina Forker University of Connecticut School of Law May 22, 2008. Overview. Reference Works What are they? The Internet’s Impact What problems do they pose? U.S. IP Origins The U.S. “Bundle of Rights”
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Reasonable Use in a Digital Age: A Closer Look at the Harry Potter Lexicon Regina Forker University of Connecticut School of Law May 22, 2008

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Overview Reference Works What are they? The Internet\'s Impact What issues do they posture? U.S. IP Origins The U.S. "Heap of Rights" Fair Use Overview What is Fair Use? Why is it Important? How is Fair Use Determined? Foundation of the Lexicon Lawsuit

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Overview Judicial Fair Use Interpretations Collectors Guides Trivia Books Online Movie Previews Public Commentary on the Lexicon Comparative Fair Use How might the Lexicon charge in the U.K.? The E.U.? Expectations and Conclusion

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Reference Works What are they? Guides, synopses, summaries, handbooks, word references Compilation of data with the end goal of simple reference US copyright assurance is stood to gatherings 17 USC § 101 Compilation: a work framed by the accumulation, amassing of previous materials or of information that are chosen, composed, or organized in a manner that the subsequent work all in all constitutes a unique work of creation Can concentrate on anything from prevalent motion pictures, books, writers, kinds to lawful, medicinal, and recorded subjects The offer of such aides is huge business

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Reference Works Literally a huge number of such works are accessible The Copyright Guide: A Friendly Handbook for Protecting and Profiting from Copyrights Everyman\'s Guide to the Mysteries of Agatha Christie Star Wars, Episode I\'s What: A Pocket Guide to The Phantom Menace The Lovecraft Lexicon: A Reader\'s Guide to Persons, Places and Things in the Tales of H.P. Lovecraft The Rough Guide to Frank Sinatra The Regions of Germany: A Reference Guide to History and Culture It\'s Not Too Late To Learn Computers: An Easy Reference Guide Leonard Maltin\'s Movie Guide The Complete Idiot\'s Guide to the World of Narnia Chaucer\'s Pilgrims: A Historical Guide to the Pilgrims in The Canterbury Tales

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Reference Works The Internet\'s Impact on Reference Works Anyone can distribute online It appears the web has done only expanded the accessibility of such aides Allows littler distributers to offer books online Allows people to make aides and post them on sites Without a distributer included, oversights might be more predominant; more limits might be unintentionally crossed

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Reference Works What Problems Do They Pose? Line between reference works and unprotectable subsidiary works is hazy Do not need the privileges of the copyright holder to be smothered or usurped by makers of reference works BUT we should consider the reasonable utilization of copyrighted works Do not have any desire to smother imagination or advance restraining infrastructures

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U.S. Licensed innovation Origins IP rights authoritatively perceived in the U.S. as government law when the Constitution was embraced in 1787 12 of the 13 settlements as of now had copyright statutes Article 1 Section 8 of the Constitution enables Congress to "advance the Progress of Science and valuable Arts, by securing for constrained Times to Authors and Inventors the selective Right to their particular Writings and Discoveries." As of the Copyright Act of 1976, under 17 U.S.C. §106, copyright holders are allowed a "package" of select IP rights Includes the privilege to get ready subordinate works

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Note on Derivative Works 17 USC § 101 Defines Derivative Work A "subsidiary work" is a work based upon at least one prior works, for example, an interpretation, musical game plan, sensation, fictionalization, film rendition, sound recording, craftsmanship proliferation, compressed version, buildup, or some other frame in which a work might be recast, changed, or adjusted. A work comprising of publication corrections, explanations, elaborations, or different changes which, all in all, speak to a unique work of origin, is a "subsidiary work". Are reference controls really subsidiary works?

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Fair Use Overview What is Fair Use? 17 USC § 107 – classified in 1976 The reasonable utilization of a copyrighted work, including such use by propagation in duplicates or phonorecords… , for purposes, for example, feedback, remark, news reporting, instructing (counting numerous duplicates for classroom utilize), grant, or research , is not an encroachment of copyright .

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Fair Use Overview Cont. Why is Fair Use Important? The idea of Fair Use permits others to utilize copyrighted works Falls in accordance with motivation behind Article 1 Section 8 to "advance the Progress of Science and valuable Arts" Fair utilize has been portrayed generally speaking of reason adjusting a writer\'s entitlement to pay against people in general\'s enthusiasm for the vastest conceivable dispersal of thoughts and data Without reasonable utilize, writers and makers have a virtual restraining infrastructure over their works

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Fair Use Overview Cont. Folsom v. Bog , 9 F.Cas. 342 (1841) Beginnings of the Fair Use custom-based law regulation The Reverend Charles Upham, the writer of a 2-volume Life of Washington, was found to have encroached the copyright of The Writings of George Washington composed by Jared Sparks. Upham had replicated 255 pages of Washington\'s letters that were contained in Sparks\' work. "Nobody can question that an analyst may decently refer to a great extent from the first work, if his outline be truly and genuinely to utilize the sections for the motivations behind reasonable and sensible feedback." "It is as clear, that on the off chance that he subsequently refers to the most essential parts of the work, with a view, not to condemn, but rather to supersede the utilization of the first work, and substitute the survey for it, such an utilization will be esteemed in law a robbery."

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Background: The Harry Potter Lexicon Harry Potter is the primary character in a broadly mainstream book arrangement around a youthful vagrant kid who finds that he is a celebrated wizard Written by British writer, J.K. Rowling She has distributed seven Harry Potter books Four motion pictures have been discharged by Warner Brothers; the rest are underway Warner is a licensee of Rowling Dubbed by Forbes as the "Billion Dollar Brand"

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Background: The Harry Potter Lexicon Countless turn off productions have been distributed, with and without consent Ultimate Unofficial Guide to the Mysteries of Harry Potter The Complete Idiot\'s Guide to the World of Harry The Book of Harry Potter Trifles, Trivias, and Particularities Fact, Fiction, And Folklore In Harry Potter\'s World: An Unofficial Guide A The Unauthorized Harry Potter: Everything You Ever Wanted to Know About the Harry Potter Series J.K. Rowling\'s Harry Potter Novels: A Reader\'s Guide – Unauthorized The Pottersaurus: 1,500 Words Harry Potter Readers Need to Know

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Background: The Harry Potter Lexicon Countless sites spinning far and wide of Harry Potter have been made, both authorized and not mugglenet.com www.darkmark.com www.harrypotterorderofthephoenix.com www.the-flawed cauldron.org www.harrypotterfanzone.com www.veritaserum.com www.harrypotterrealm.com

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Background: The Harry Potter Lexicon The Harry Potter Lexicon In July 2000, Steve Vander Ark began the Harry Potter Lexicon site "The most astonishing and finish reference anyplace to the universe of Harry Potter." Includes things like Encyclopedia of Potions Visitor\'s Guide to Hogwarts Readers Guides Encyclopedia of Spells In June 2004, it won J.K. Rowling\'s Fan Site Award

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Background: The Harry Potter Lexicon Rowling was straightforwardly strong of the Lexicon and posted about it all alone site: "This is such an awesome webpage, to the point that I have been known to sneak into a web bistro while out composing and check a reality instead of go into a bookshop and purchase a duplicate of Harry Potter (which is humiliating). A site for the hazardously over the top; my regular home."

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Background: The Harry Potter Lexicon Up until the 7 th Harry Potter book was distributed, the Lexicon remained a site After production, RDR Books, a little autonomous distributer, reached Vander Ark about offering the Lexicon in book shape Vander Ark in the long run concurred and the distribution procedure started They guaranteed him it was a legitimate attempt Included repayment provision in contract whereby they would speak to him and pay harms in the occasion a suit was documented

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Background: The Harry Potter Lexicon No contact was started with Rowling or Warner before or amid production Rowling\'s specialist saw an online notice for the Lexicon in September 2007 which demonstrated it was to be discharged in October 2007 Warner and Rowling reached RDR and requested distribution be ended; no decisive reaction was gotten and they recorded a Complaint

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Background: The Harry Potter Lexicon The Complaint Filed October 31, 2007 Alleged copyright encroachment, trademark encroachment, out of line rivalry and bogus assignment of cause, false publicizing, misleading exchange rehearses, and out of line rivalry under New York custom-based law Sought a revelatory judgment in regards to the copyright encroachment, a directive controlling the make, dispersion, showcasing, notice, advancement or sales of the book, and also different harms including a benefit bookkeeping and expenses of the suit

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Background: The Harry Potter Lexicon The Complaint "There is a noteworthy contrast between giving the multitudinous Harry Potter fan locales scope to talk about the Harry Potter works with regards to gratis, transient sites and permitting a solitary fan webpage proprietor and his distributer to monetarily abuse the Harry Potter Books in repudiation of Ms. Rowling\'s desires and rights and to the hindrance of other Harry Potter fan destinations." Rowling has said she wants to compose a legitimate reference control and give the returns to philanthropy

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Background: The Harry Potter Lexicon RDR Books has become free lawful assistance from Stanford University Law School\'s Fair Use Project Bench

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