MyLeaky Login

Join the largest Harry Potter Social Network on the Web! | FAQ

In the News

JKR/WB vs. RDR Books Trial: JKR Wins Copyright Case

News
Posted by: Kristin
September 08, 2008, 06:34 PM

News sources are reporting that the judge in the case of J.K. Rowling and Warner Brothers vs. RDR Books has issued a ruling. From WNBC NY:

“The small publisher was not contesting that the lexicon infringes upon Rowling’s copyright but argued that it was a fair use allowable by law for reference books. In his ruling, Patterson noted that reference materials are generally useful to the public but that in this case, Vander Ark went too far. “While the Lexicon, in its current state, is not a fair use of the Harry Potter works, reference works that share the Lexicon’s purpose of aiding readers of literature generally should be encouraged rather than stifled,” he said.

He added that he ruled in Rowling’s favor because the “Lexicon appropriates too much of Rowling’s creative work for its purposes as a reference guide.”

Reuters reports that JKR and WB were awarded $750 per book (seven novels plus the two companion books) in damages, for a total of $6750. The opinion said:

“Since the Lexicon has not been published and thus plaintiffs have suffered no harm beyond the fact of the infringement, the court awards plaintiffs the minimum awards for each work to which plaintiffs have established infringement.”

On the Wall Street Journal Law Blog, IP lawyer Ethan Horwitz summarizes the ruling:

“What Judge Patterson is saying is that when you look at fair use, one of the dominant issues is, are you providing commentary or taking the value of the work and selling it as your own? He decided that the value of the work was being taken, that [Rowling] had the ability to put out the kind of encyclopedia that [Vander Ark] was putting out, and that she’d indicated an intent to do so.”

The Wall Street Journal has the entire 68 page ruling on their site as a PDF.

*

Please return to this post for updates as we learn more of the particulars of the ruling. Past Leaky coverage on the trial can be found here.

Previous Article | Next Article Browse all Recent News News

166 Comments

Professor Potter
Posted by Professor Potter on September 08, 2008, 10:44 PM report to moderator
PB&J Rules
Posted by PB&J Rules on September 08, 2008, 10:49 PM report to moderator
David
Posted by David on September 08, 2008, 10:54 PM report to moderator
budb
Posted by budb on September 08, 2008, 10:54 PM report to moderator
PB&J Rules
Posted by PB&J Rules on September 08, 2008, 10:57 PM report to moderator
Dave Almighty
Posted by Dave Almighty on September 08, 2008, 11:05 PM report to moderator
Silvermoon
Posted by Silvermoon on September 08, 2008, 11:07 PM report to moderator
budb
Posted by budb on September 08, 2008, 11:22 PM report to moderator
KatSprout
Posted by KatSprout on September 08, 2008, 11:29 PM report to moderator
budb
Posted by budb on September 08, 2008, 11:33 PM report to moderator
Reader511
Posted by Reader511 on September 08, 2008, 11:38 PM report to moderator
muggle
Posted by muggle on September 08, 2008, 11:41 PM report to moderator
Reader511
Posted by Reader511 on September 09, 2008, 12:01 AM report to moderator
sevfan
Posted by sevfan on September 09, 2008, 12:02 AM report to moderator
ravenclawguy1972
Posted by ravenclawguy1972 on September 09, 2008, 01:03 AM report to moderator
You must be logged in to MyLeaky to comment. Please click here to log in.

Finding Hogwarts
PotterCast Interviews Jo Rowling! Click here to Listen! The Books Everything...Half-Blood Prince...and the rest of the HP Films Leaky Apps

Scribbulus Essay Project

Issue 28 - Aug. 2014

Scribbulus is THE place for Leaky Cauldron readers to submit their essays and opinion pieces!
See more over at Scribbulus!
Learn to knit your own 'Weasley Sweater'. Learn to brew your own 'Butterbeer'. Find out how at Leaky Crafts!

Guess That Book

"Miss Granger remains the only person in this class who has managed to turn a hedgehog into a satisfactory pincushion. I might remind you that [i]your[/i] pincushion, Thomas, still curls up in fright if anyone approaches it with a pin!"