In the Southern District of New York, J.K. Rowling, author of the Harry Potter novels, sued publisher RDR Books for copyright infringement regarding RDR's planned publication of The Lexicon: An Unauthorized Guide to Harry Potter Fiction and Related Materials. The principal question at issue was whether The Lexicon was a fair use of Rowling's works. In an expedited trial on the merits consolidated with a preliminary injunction hearing, the court ruled that RDR had failed to establish fair use, permanently enjoining RDR's publication of The Lexicon and awarding Rowling minimum statutory damages.
Published in Tuesday, October 10, 2008, Volume 6, No. 1Stanford Center for Internet and Society
In the heart of the Silicon Valley, legal doctrine is emerging that will determine the course of civil rights and technological innovation for decades to come. The Center for Internet and Society (CIS), housed at Stanford Law School and a part of the Law, Science and Technology Program, is at the apex of this evolving area of law.
transformative
Fair Use Protection Limits Common Law Copyright Claims Over Sound Recordings in New York
EMI Records sought to enjoin Premise Media Corporation (Premise) from using a clip from John Lennon’s song, Imagine, in the documentary film, EXPELLED: No Intelligence Allowed. The court did not issue guidance on the exact amount of use needed to constitute copyright infringement. Instead, the court ruled that EMI was unlikely to win on the merits of the case because the fair use defense likely applied to Premise’s use of Imagine. The court denied the injunction since granting one would cause harm.
Published in Tuesday, October 10, 2008, Volume 6, No. 1
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