via Peter Brantley: The Assoc. of Research Libraries and the American Library Assoc. have released a study by MCN 2008 speaker Jonathan Band that analyzes the decision in the recent Harry Potter copyright case: ?How Fair Use Prevailed in the Harry Potter Case.? http://www.arl.org/news/pr/harry-potter-13oct08.shtml
"Band draws three broad lessons from Judge Patterson?s decision. First, fair use is alive and well?expression can be incorporated into transformative works, as long as the expression is reasonably necessary for achieving the transformative purpose. Second, the courts champion fair use, in contrast to historic and recent proposed legislation that continues to encroach on fair use and the public domain. Third, fair use is best defended when those being sued have the resources to take on plaintiffs with deep pockets backed by big industry. The [Harry Potter] Lexicon?s publisher was fortunate to have support from the Fair Use Project of Stanford Law School?s Center for Internet and Society. Band notes that such public interest ?law firms? play a critical role in leveling the copyright-litigation playing field." Link to the paper in .pdf format http://www.arl.org/bm~doc/harrypotterrev2.pdf <http://www.arl.org/bm%7Edoc/harrypotterrev2.pdf> Amalyah Keshet Chair, MCN IP SIG
