When Does Being a Diehard Fan Become Copyright Infringement?

By Heather Faucher | Posted on June 25, 2009 | Filed Under Copyrights 


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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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