Rowling v. RDR Books

The HP Lexicon began as a website on which contributors collected information about people, places and things that inhabited the Harry Potter universe – as described in J.K. Rowling’s books, the movies based on those books, and other associated products. It grew into what is widely regarded as the most complete and authoritative guide to the world of Harry Potter, and attracts upwards of 25 million visitors per year. In 2004, it won a fansite award from Ms. Rowling herself. In light of the website’s popularity, the Lexicon’s editor decided to publish it in book form, and RDR Books agreed to do so. Upon learning of this, Ms. Rowling and Warner Brothers filed suit against RDR, alleging claims for copyright and trademark infringement, and seeking to enjoin publication of the Lexicon in printed form. We signed on to help defend RDR because we believe the Fair Use Doctrine protects RDR’s right to publish the Lexicon. Read a copy of the complaint below, and stay tuned for details as the case progresses.

Rowling v. RDR Books Trial Concludes Under Media Spotlight

by Anthony Falzone, posted on April 21, 2008 - 2:27pm.

The trial of J.K. Rowling's copyright claims against RDR Books concluded last Wednesday after three days of testimony. Full transcripts of each day's proceedings are attached below. The Hon. Robert P. Patterson will decide the case following post-trial submissions from the parties.

The trial generated a flurry of interest from press and public alike, and was covered extensively by the New York Times as well as the Wall Street Journal and other major news outlets. Here are links to some of the coverage by these, and other, publications:

Substantive Tags: Fair Use Project

Rowling v. RDR Books Trial Set For April 14

by Anthony Falzone, posted on March 11, 2008 - 3:07pm.

The Court has put this case on the proverbial fast track by combining the hearing on the preliminary injunction motion filed by Ms. Rowling and Warner Brothers with the trial on the merits. The trial is scheduled to begin on April 14 at 9:30 am.

The trial will be open to the public, and will be conducted before the Honorable Robert P. Patterson in courtroom 24 of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl St., New York, NY 10007.

Substantive Tags: Fair Use Project

New York Times Explains How Rowling's Tight Grip Chokes Creativity

by Anthony Falzone, posted on February 10, 2008 - 9:30am.

We agreed to help represent RDR Books in its litigation against J.K. Rowling because she asserts rights that go far beyond those the Copyright Act gives her, and in doing so threatens to stifle the long-established rights of others to discuss her work, or that of other authors.

In Saturday's New York Times, business columnist Joe Nocera shines a light on exactly this point. In doing so, he provides a fantastic explanation of how important this case is, and why it's part of a larger, and very important, conflict.

Read the article here.

RDR Files Opposition To Rowling's Preliminary Injunction Motion

by Anthony Falzone, posted on February 10, 2008 - 8:47am.

On Friday, we filed our opposition to J.K. Rowling's motion to enjoin publication of the Lexicon. In our brief, we explain both why the Lexicon is the sort of important and transformative work that fair use has long protected, and why Ms. Rowling is not entitled to the injunction she seeks.

Wall Street Journal Law Blog: Rowling Running Over Fair Use Like The Hogwarts Express?

by Anthony Falzone, posted on February 13, 2008 - 7:47pm.

On the Wall Street Journal Law Blog, Dan Slater notes the growing reaction against Rowling's copyright claims against RDR Books, and generates a spirited discussion of her position. Read it all here.

Tim Wu On Why Rowling Is Wrong

by Anthony Falzone, posted on January 10, 2008 - 12:15pm.

Today on Slate, Columbia Law Professor Tim Wu lays out an excellent explanation of why RDR Books has the right to publish the Harry Potter Lexicon, and why J.K. Rowling's copyright claims to the contrary are misplaced. Read the article here.

Defending The Lexicon

by Anthony Falzone, posted on December 20, 2007 - 4:02pm.

Yes, it's true. As Zohar Efroni reported, the Fair Use Project has signed on as co-counsel representing RDR Books in its litigation against J.K. Rowling and Warner Brothers. The case concerns the HP Lexicon, a Harry Potter reference guide that has existed on the web for a long time, and has become the authoritative guide to the people, places and things of the Harry Potter universe. Upon learning that RDR Books planned to publish a printed version of the Lexicon, Rowling and Warner Brothers filed suit, alleging copyright and trademark infringement, and seeking to permanently enjoin the publication of the HP Lexicon in printed form. Read a copy of the complaint here. More in the new year, as we file our opposition to Rowling's motion for preliminary injunction. In the meantime, view the online version of the Lexicon (which Rowling herself honored with a fansite award) here.

Substantive Tags: Fair Use Project

Fair Use Project to Represent RDR Books in Harry Potter Lexicon Dispute

by Zohar Efroni, posted on December 7, 2007 - 3:51am.

Here's a link to the press release. It is not my jurisdiction to cover this development - I trust you’ll hear more details and updates from Anthony and his team soon. I'd only say it looks like one of the most exiting and challenging fair use cases I’ve seen recently and a must-follow one. From the press release:

Substantive Tags: Fair Use Project
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