[HPFGU-OTChatter] The Fair Use Doctrine

[Lee Kaiwen]

Carol said this on 16/04/2008 06:16:

> The best source I know of is "Introduction to Fair Use" at
> http://www.publaw. com/work. html <http://www.publaw.com/work.html>

Thanks for the citation and summary, Carol.

I can see both sides. From what little I've read, JKR's claim for 
copyright infringement centers more around the generality of her 
creation -- use of the characters in general -- than in specifics of 
percentage of quoted material, and that the financial impact will be 
more in the area of future works (her upcoming lexicon) than on the 
present works. In light of your discussion, both of those arguments may 
be hard to sustain. The portions of fair use law you've quoted make no 
mention of impact on potential future creative efforts or markets, only 
on those already published.

I think the fact that JKR has been tolerant and encouraging of the 
website itself may also harm her argument. If the Internet is taken as a 
publishing medium, then in fact the lexicon has already been published 
-- and with her blessing -- in another form. I think this is where her 
threats about potential harmful impact on fan works becomes more real. 
If RDR does win the case, authors and publishers will in all likelihood 
become more draconian, and whether they have a legal leg to do so is 
irrelevant; most fans will run away in terror at the mere sight of a 
Cease and Desist letter.

My decidedly non-legal mind sees the case being decided in Steve/RDR's 
favor, but then dreads the inevitable resulting chilling effect.

CJ