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Old September 8th, 2008, 06:06 PM   #1
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When the "fair use" defense fails...

When the "fair use" defense fails, you can expect to pay, in this case, $6,750.

Judge blocks 'Harry Potter Lexicon' - CNN.com

"[The defendants] claimed the book should not be blocked from publication because it was protected by the 'fair use' doctrine, which allows for commentary and critique of literary works.... [Judge] Patterson, in his ruling, said the defendants failed to demonstrate fair use."
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Old September 8th, 2008, 06:14 PM   #2
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Just goes to show that there is nothing magical about real life.
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Old September 9th, 2008, 10:26 AM   #3
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I'm not surprised, frankly and though tend to side with the little guy by instinct in these cases, agree with the ruling. In this case it seems to me to be stretching the fair use doctrine.

The pity would be if this discourages others from applying the fair use doctrine, or emboldens Big Media to clamp down on those legitimate (or borderline cases) where it works.

I have to say $6,750 is a piddling amount considering the market value of the HP series, and it seems the Rowling and her lawyers have gone for as little as possible in the settlement.
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Old September 9th, 2008, 02:13 PM   #4
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Agreed.
It sounds like he was just out to make an easy buck by exploiting the Harry Potter brand.
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