Dominatio Per Malum


April 17, 2008

J.K. Rowling should lose her copyright lawsuit against the Harry Potter Lexicon. - By Tim Wu - Slate Magazine

Filed under: Law

J.K. Rowling should lose her copyright lawsuit against the Harry Potter Lexicon. - By Tim Wu - Slate Magazine

But Rowling is overstepping her bounds. She has confused the adaptations of a work, which she does own, with discussion of her work, which she doesn’t. Rowling owns both the original works themselves and any effort to adapt her book or characters to other media—films, computer games, and so on. Textually, the law gives her sway over any form in which her work may be “recast, transformed, or adapted.” But she does not own discussion of her work—book reviews, literary criticism, or the fan guides that she’s suing. The law has never allowed authors to exercise that much control over public discussion of their creations.

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