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Fair Use and Other Fantastic Beasts: In Search of Harry Potter
Australian Intellectual Property Law Bulletin, April 2009, Vol. 21 (9), p. 188-192. (2009)
  • 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.'
Keywords
  • Copyright Law,
  • Reference Books,
  • Fan Fiction,
  • Literary Criticism,
  • Fair Use.
Publication Date
April, 2009
Citation Information
Matthew Rimmer. "Fair Use and Other Fantastic Beasts: In Search of Harry Potter" Australian Intellectual Property Law Bulletin, April 2009, Vol. 21 (9), p. 188-192. (2009)
Available at: http://works.bepress.com/matthew_rimmer/73/