@Jeff
“This case is about more than just the Lexicon and Rowling. It’s about the ultra restrictive copyright laws. So I can’t even say Harry Potter in a book without risking a lawsuit. And when Rowling files suit she will say it’s all for charity, and everyone will fall all over themselves to condemn the author of the infringing book.”
I am sorry to point out that you are incorrect regarding the law as it currently stands. Yes, it already allows JKR or ANY author the right to block any unauthorized use of his/her copyrighted material. It does NOT however, give ANY author the right to block “Fair Use” application of his/her material. You can say Harry potter in anything you’d like (as you did in your post) without worrying about a law suit, as long as it is covered under the Fair Use doctrine as it currently is applied.
Now, if the Fair Use doctine application is changed as a result of this case, you may have to worry. Since authors have the right to block anything except Fair Use, a win for RDR is seen by many as a change in that rule. Unless they win because they can prove that they comply with all 4 Fair Use provisos.
On the other hand there are those that say a win by JKR will change Fair Use, because they believe RDR to have demonstrated Fair Use. What it comes down to is that the courts will decide. If there is a decision that affects how Fair Use is currently viewed and applied, you may very well have to worry about even SAYING “Harry Potter” – unles they elaborate further on what principles will now be followed.
Until that happens, and unless there is change in Fair Use with a JKR win, then nothing really changes from the day before the law suit was launched – in other words ANYTHING under Fair Use is allowed.
So the case is about what Fair Use means. A win for WB/JKR without any change to Fair Use application means the court decided RDR was guilty of copyright infringement – end of story. Regardless of who wins, however, if there IS a change in Fair Use application, all bets are off until those changes can be analyzed.
At least in my humble opinion.
M.
I have to say I agree with Steve on this. A win for JKR will result in copyright holders exercising more control over the fansites. You forget that Warner Brothers is involved in this as well. Throughout the suit, WB has been dragging the Lexicon website into this (e.g. mentioning the pictures from the movie, etc.). It’s already said that the book is different from the Scottish Book. Also, I believe WB are mainly the ones behind this suit (If I’m not mistaken, the HP trademarks are registered in their name…). This will majorly effect intellectual property rights, which already need serious reform. I intend to write a full-length editorial on this in the near future.
Phew!! Glad to see Leaky is not siding with the Harry-Hermione shippers. It’s better to stay away from the delusional if one can, especially when they start believing that their version of reality/fiction is better than the C/creator’s. It says a lot for Leaky that they have never gone down the Mugglenet-type route and set up a “Board of Shame” for SVA supporters. Ooooooh, hang on a minute, that’s given me an idea.
I really disagree with everything that article said-the fans missed the point? No, I really don’t think we did actually-JKR created this universe and it’s her rights first and foremost, he’s not protecting our rights to fanfiction and wizardrock because JKR has already granted us that, he’s just protecting his own little pride issue! It’s like he’s making himself out to be the savior of the fandom or something when JKR has no problem with fanfiction and stuff, but she wants to write her own encyclopedia! And her money goes to charity!!
Seriously this guy is reallly bugging me. I love the Lexicon and all but I think it’s gone to his head.
Harry Potter does not belong to the fandom—it belongs to the writer and it’s her call to give and take. I think it’s outrageous for him to claim that he’s defending the rights of the fandom, Jo has been acceptionally gracious and caring to all types of the fandom and it should be her word we look to for this kind of stuff alone, not some self-righteous fan who thinks he can take the power away from the author!
I’m sorry if that sounded harsh! Hahah! I’m really not that mean but this just ignited my fierce Rowling pride. Steve’s still a fine person but he needs to step back and look at what he’s doing….
Oh and Leaky you’ve definately made the right decision and we all stand behind you on that one!
Katey, just because someone has enough money, doesn’t mean that anyone can infringe their rights. It is actually the other way round. There are people who want to jump the wagon to make money themselves out of Jo’s work, because she is so successful with it.
Listen to Morton Kaiserman on his post above – he is correct.
I guess we still have to wait to see how it all plays out. If the other fansites are to be closed down, I’m sure it will be expressed in the same way.
Very sad.
Rudius Hagrid, excellent post. Sorry I’m a page late to tell you so.
Absolutely the right choice. He is way off base here. Why should others profit from Jo’s invention. This is hers and her gift to her readers. Its one thing to fantasize and write it out in a community of fans on a site like Leaky Cauldron- its quite another to publish work for profit using her life’s work.
As a (former) frequent user of the floo network, it is disturbing that its creator has taken such a ridiculous position. I support Leaky 100%. This is not stifling fan creativity at all.
@ Kari
“He’s not saying that JKR will actually pull the plug on fan activity, but he’s saying that now, without question, she could. As could the countless other authors who’s work we enjoying creating fic and art based on.”
Actually, as I have posted elsewhere, the law already allows JKR and ANY Author the right to stop ANY publication of ANY kind, whether for profit or not, unless it complies with Fair Trade use. So a win by WB/JKR, without change to Fair Use, will change nothing and it will, as has always been the case, be at the discretion of any author what they will or will not allow. Nothing changes if Fair Use doesn’t change.
Now, whether fair use will change or not remains to be seen, but I believe that is really the crux of this case in terms of the potential judgement. See my last post for that issue.
At least in my humble opinion.
M.
@ Katey:
You need to realize people are not allowed to STEAL other people’s hard work.
You think JKs made enough money. Okay then, I think you’ve made quite enough money off of your day job. As a super-supportive and devoted fan of yours you can just start signing your paychecks over to me. After all, it’s only money right?
Just because someone can test drive a car from a dealership does not mean they can take that car without permission and say it now belongs to them. That’s theft, pure and simple, and it’s against the law!!!
Squee’s and lol;JKs got a high horse to go with her big boots. Is in love!
@ Very Concerned and redwwall_hp:
If you were so terribly concerned about fandom, then you’d realize that Rowling and WB haven’t in any way acted against fandom. However, should they lose this case, they WILL. They have already intimated that in the court filings.
It will not be just HP fandoms affected either but all fandoms, because other copyright owners will want to protect their vested interest in their intellectual properties. Why? Well, who would allow their intellectual properties to appear on a fan site if just by allowing it they’ve lost their copyrights to the material used? Answer: No one!
Stanford has clearly been motivated in an effort to loosen copyrights, it’s one of their precepts to their ‘Fair Use’ project.
TLC has made the right decision in dissolving the Floo Network, no matter how painful it has been.
I’m sure that was a hard decision for y’all to make, but I agree with it one hundred percent. I support y’all the whole way!
“we do not think a win for J.K. Rowling means tighter controls on fan creativity at all, and are concerned for the opposite, as well as the attempt to misportray the issues of the case” ABSOLUTELY!
Thanks and good luck!
I am very proud of you “kids” (being an elderly HP fan, most of you are “kids” to me) and never have I been more proud to be a member at TLC than this morning. If I were close enough, I’d give all of you a big, warm, Mom Weasley hug. Thank you Leaky, for standing up for the good of the fan community and the rights of writers over their own creations. Thank you for being most excellent role models for younger fans.
Jo, hang in there. At least 95% of us stand behind you with our full support.