Fair Use and Other Fantastic Beasts: In Search of Harry Potter

Matthew Rimmer, Australian National University College of Law

Abstract

In the landmark 2008 case Warner Bros and JK

Rowling v RDR Books, Patterson J of the US District

Court for the Southern District of New York held that the

publishers of the Harry Potter Lexicon infringed the

copyright of JK Rowling and Warner Brothers in such

works as the Harry Potter series, Fantastic Beasts &

Where to Find Them and Quidditch Through the Ages...

In the key ratio in his ruling in Warner Bros and JK

Rowling v RDR Books, Patterson J held:

'In striking the balance between the property rights of

original authors and the freedom of expression of secondary

authors, reference guides to works of literature should

generally be encouraged by copyright law as they provide

a benefit to readers and students; but to borrow from

Rowling’s overstated views, they should not be permitted

to “plunder” the works of original authors, “without paying

the customary price” lest original authors lose incentive to

create new works that will also benefit the public interest.'