The Fair Use Doctrine

[Carol]

Carol earlier:
> 
> > Step 1 for JKR should be to stop worrying about how much work
(hers or his) has gone into compiling the Lexicon, how it's affected
her emotional state, and all other irrelevancies. Step 2 is to 
familiarize herself with copyright law, especially the Fair Use
doctrine, and understand how copyright violation differs from
plagiarism. And step 3 should be to have someone do a computerized
comparison of the Lexicon (print version) to her books and see what
percentage of the text falls under "verbatim copying" and "close
paraphrase."

Magpie responded:
> I believe she (or those representing her) has done the last two. Her
side's got expert witnesses in copyright and have also gone through 
the book for this. There's a pie chart made by her side--probably 
spinning it as close their position as possible--but they have gone 
through the work. She's not making the argument--though her lawyer 
obviously wanted to put some drama on the stand with all the 
irrelevent stuff about hard work, sloppy work, writer's block etc. 
Not sure what that was in aid of, since there's no jury to make feel
sorry for anyone. From what I've heard her legal team has been very 
well-prepared--much more so than RDR's who has put people on the 
stand saying they don't remember things and also pulled out e-mails 
where SVA contradicted his own position.

Carol responds:

Well, given the relative ability to pay for expert lawyers, it's not
surprising that JKR's team is better prepared. However, from what I
read today, the judge does see the need for a work like the Lexicon to
help readers sort out JKR's characters (he's not buying that it
substitutes for a reading of the books, as JKR maintains) and he's
advising them to settle out of court to avoid a painful, expensive,
and time-consuming string of litigation and appeals. (He compared it
to the long drawn-out lawsuits in Dickens's "Bleak House,") More power
to the judge, and I hope they listen.

http://www.smh.com.au/news/books/rowling-makes-fiery-return-to-stand/2008/04/17/1208025322650.html?page=2

BTW, I don't think that a pie chart would prove much considering that
it could easily be faked or slanted. What's required is a close
examination of several randomly selected passages to see how much is
JKR's and how much is careful paraphrase (meaning that JKR's own
wording is not accidentally picked without quotation marks), summary,
and analysis.

Carol, who still thinks that JKR herself needs to be better informed
and less emotional and that the lawyers should stop coaching her to
play the victim