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Harry Potter Decision Provides Guidance on Fair Use

By W. Andrew Pequignot

Presumably, anyone reading this article is aware of the enormously popular Harry Potter series of books, which have sold more than 400 million copies and been translated into 67 languages. If you are a fan of the series, you may also be familiar with “The Harry Potter Lexicon,” a Web site devoted to all things Harry Potter. Since 2000, the Web site has developed a cult following of devoted Harry Potter fans. Even J.K Rowling, the author of the Harry Potter series, has praised the Web site.

It is against this backdrop that the recent decision from Judge Robert P. Patterson in the Southern District of New York received so much attention. The case, Warner Bros. Entertainment Inc. v. RDR Books, involved claims asserted by J.K. Rowling (“Rowling”) and the owner of the film rights in the Harry Potter series, Warner Bros. Entertainment Inc. (“Warner Bros.”), for copyright infringement. The allegedly infringing work was a reference guide authored by the creator of the “Harry Potter Lexicon” Web site, Steven Vander Ark (“Vander Ark”). The primary issue in the case was whether the reference guide constituted a fair use.

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