That case and that book

[Goddlefrood]

> Goddlefrood previously:
> Sorry if you feel the US law is paramount, but I'm afraid in 
> this instance it isn't. It is bound to higher things and each 
> country that follows the international Convention on copyright 
> has more or less the same provisions in their own Copyright 
> laws as would the US.
 
> Doddie responded:
> I don't FEEL the U.S. law is paramount it simply is in this 
> case, as WB, JKR and Camp challenged the printing of the 
> Lexicon via U.S. courts..because the Lexicon was being printed 
> in the United States by a US company why would anyone argue 
> any other law besides U.S. Law in a U.S. court?!?

Goddlefrood:

International Conventions are, quite simply, superior to ANY 
signatory country's local law. That's what I mean by being 
bound to higher things. I'm not trying to denigrate the US 
system in any way, simply telling it like it is. If it were 
argued otherwise then the US would be a rogue state, and it 
isn't. 

Any previously published materials linked to the HP books has 
(i) not been taken to task even if infringing and (ii) may have 
sought and obtained permission to use any copyrighted material. 
The blurb at the front should tell one which. In the instance 
of permission being obtained the information would be on the, 
well, information page. In the instance of permission not 
having been obtained some kind of disclaimer would usually 
appear; even often in non-infringing works. It makes sense 
to me anyway.

In:

http://groups.yahoo.com/group/HPFGU-OTChatter/message/36224

> Carol:

> BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC 
> WORKS (Paris Text 1971)

> Nothing about paraphrasing, which apparently doesn't count 
> as "copying" for the purposes of the Berne Convention.

Goddlefrood:

That'd be covered by the, admittedly vague, Article 12: Right 
of Adaptation, Arrangement and Other Alteration

'Authors of literary or artistic works shall enjoy the 
exclusive right of authorizing adaptations, arrangements 
and other alterations of their works.'

It then becomes a matter for interpretation for any Judicial 
body that might ponder what is included by the words 'and other 
alterations'. It's certainly broad enough to arguably include 
paraphrasing.

The full Convention is here:

http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html

Article 2 (5) may also be of especial interest to some (it's 
pertinent to Encyclopaedias).