[MCN-L] IP SIG: NYT on Latest Harry Potter Fair Use Flap

2008-02-10 Thread Amalyah Keshet
 New York Times
 February 9, 2008
 Talking Business; Page B1
 A Tight Grip Can Choke Creativity
 By JOE NOCERA
 On Friday, a lawyer named Anthony Falzone filed his side's first big brief 
 in the case of Warner Bros. Entertainment and J. K. Rowling v. RDR Books. 
 Mr. Falzone is employed by Stanford Law School, where he heads up the Fair 
 Use Project, which was founded several years ago by Lawrence Lessig, 
 perhaps the law school's best-known professor. Mr. Falzone and the other 
 lawyers at the Fair Use Project are siding with the defendant, RDR Books, 
 a small book publisher based in Muskegon, Mich. As you can see from the 
 titans who have brought the suit, RDR Books needs all the legal firepower 
 it can muster.

 As you can probably also see, the case revolves around Harry Potter. J. K. 
 Rowling, of course, is the creator of the Harry Potter series -- one of 
 the most successful writers the world has ever known,  crowed Neil Blair 
 of the Christopher Little Literary Agency, which represents her. Warner 
 Brothers holds the license to the Harry Potter movies. Of the two 
 plaintiffs, though, Ms. Rowling appears to be the one driving the 
 litigation.

 I feel as though my name and my works have been hijacked, against my 
 wishes, for the personal gain and profit of others and diverted from the 
 charities I intended to benefit, she said in a declaration to the court.

 And what perfidious act of hijacking has RDR Books committed? It planned 
 to publish a book by Steven Vander Ark, who maintains a fansite called the 
 Harry Potter Lexicon. The Lexicon publishes Harry Potter essays, finds 
 Harry Potter mistakes, explains Harry Potter terminology, devises Harry 
 Potter timelines and does a thousand other things aimed at people who 
 can't get enough Harry Potter. It's a Harry Potter encyclopedia for 
 obsessive fans.

 So long as the Lexicon was a free Web site, Ms. Rowling looked kindly upon 
 it. But when Mr. Vander Ark tried to publish part of the Lexicon in book 
 form - and (shudder!) to make a profit - Ms. Rowling put her foot down. 
 She claims that she wants to publish her own encyclopedia someday and 
 donate the proceeds to charity  and a competing book by Mr. Vander Ark 
 would hurt the prospects for her own work.

 But more than that, she is essentially claiming that the decision to 
 publish - or even to allow - a Harry Potter encyclopedia is hers alone, 
 since after all, the characters in her books came out of her head. They 
 are her intellectual property. And in her view, no one else can use them 
 without her permission...

 ___




[MCN-L] IP SIG: Re: Free Webcast Friday on the Value of Fair Use

2008-02-10 Thread treit...@aol.com
 
 
I couldn't register and sign onto _http://www.educause.edu/live083_ 
(http://www.educause.edu/live083)   to access the free webcast. Is membership 
to 
educause a  prerequisite?
 
Barbara Treitel

 
In a message dated 2/10/2008 7:09:21 A.M. Eastern Standard Time,  
akeshet at imj.org.il writes:

By the  way, I did catch this, and it was indeed worth it.
More webcasts coming up,  and an archive of previous  ones:
http://www.educause.edu/live/

Amalyah


-  Original Message - 
From: akes...@imj.org.il
To:  mcn-l at mcn.edu
Sent: Wednesday, January 30, 2008 6:46 PM
Subject:  [MCN-L] IP SIG: Free Webcast Friday on the Value of Fair Use


  Sounds worth catching this on Friday if you can.

 Amalyah  Keshet
 Chair, MCN IP SIG

  
---
  ???:  Steve Worona
 : ? 29/01/2008 18:45
 : Free  Webcast Friday on the value of Fair Use


 My next  EDUCAUSE Live! Webcast features Matt Schruers, Senior Council for 
  Litigation and Legislative Affairs with the Computer and Communications  
 Industry Association, speaking on Copyright Fair Use and the  Economy. 
 1-2pm Eastern Time, Friday, Feb. 1. No charge, but  registration required 
 at http://www.educause.edu/live083.  Summary:


 The copyright legislative process in  Washington traditionally focuses on 
 increasing the protection  provided to copyrights, based on the assumption 
 that this will  strengthen the economy. Recent research, however, indicates 
 that  exceptions to copyright protection also promote innovation and are a 
  major catalyst of U.S. economic growth. Specific exceptions to copyright  
 protection under U.S. and international law, generally classified  under 
 the broad heading of fair use, are vital to many industries and  stimulate 
 growth across the economy. In fact, business enterprises  that benefit from 
 fair use generate substantial revenue, employ  millions of workers, and, in 
 2006, represented one-sixth of total  U.S. gross domestic product. This 
 economic research suggests that  future copyright legislation needs to 
 account for these important  limitations if the policy-making process is to 
 stimulate  growth.


 All EDUCAUSE Live! Webcasts are archived for  later (re)viewing.

 See you Friday.

  Steve
 --
 Steven L. Worona
 Director of Policy and  Networking Programs
 EDUCAUSE / 1150 18th St. NW suite 1010 /  Washington, DC 20036
 202-872-4200 x 5358 / 202-872-4318 fax /  sworona at educause.edu

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