When Does Being a Diehard Fan Become Copyright Infringement?
By Heather Faucher | Posted on June 25, 2009 | Filed Under Copyrights
One high-profile case from 2008 illustrated a rising issue in copyright law as use of the Internet proliferates. When does being a diehard fan of something become copyright infringement? And will the “fair use” exception allowed under U.S. copyright law pull your fat out of the infringement fire?
In late 2008, a U.S. judge sided with J.K. Rowling, author of the blockbuster book series Harry Potter, in her copyright infringement lawsuit brought against a fan and website operator who was in the process of publishing a Harry Potter encyclopedia. Once known for praising that particular fan website, the proposed encyclopedia had her changing its tune because, according to her, the lexicon was nothing more than a rearrangement of her material.
U.S. District Judge Robert P. Patterson agreed, ruling that Rowling had proven that Steven Vander Ark’s “Harry Potter Lexicon” would cause her irreparable harm as a writer. He also permanently blocked publication of the Lexicon and awarded Rowling and her publisher $6,750 in statutory damages.
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Tags: copyright infringement, copyright search, harry potter, j.k. rowling
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Copyright 101: Just What Is It, Anyway?
By Heather Faucher | Posted on June 11, 2009 | Filed Under Copyrights
So, what exactly is copyright, anyway? Copyright is basically the legal exclusive right of an author of a creative work to control the copying of that work. Copyright law grants that creator the exclusive right to control who can make copies or derivative works based on that original work. Creators can also sell or license that right, whether before or after creating the work.
In order for something to qualify as a creative work, it must exist in tangible form– in other words, it has to be on disk, paper, some artistic medium such as sculptures or similar. It has to be creative as opposed to just factual data. Most things people write, photograph, sculpt, draw, or record qualify as creative, although verbal work isn’t copyrighted until it’s put onto tape, i.e. tangible form.
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Tags: apply for copyright, copyright online, copyright search, Copyrights, online copyright
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