JK Rowling has won her claim that a fan violated the her copyright by publishing Harry Potter encyclopedia.
JK Rowling had proven that Steven Vander Ark`s ``Harry Potter Lexicon`` would cause her irreparable harm as writer. RDR books last year stopped the publication claiming copyright infringement. JK Rowling claimed that it just copied her work so it was a plagiarism.
The website attracts about 1.5 million page views per month and contributions from people all over the world. RDR Books said it was not violated the law because he just includes description and commentary of individual names, places and spells from the stories and they will pay the damage too.
According to Copyright Law of United States of America, section 107 stated that the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
But in this case, the Harry Potter Lexicon website includes not comment but description of JK Rowling`s works and it uses the names from JK Rowling`s books too.
Then in that Act about subject matter to copyright includes literary works. It defines literary works include pictures and words. So this website used the names from the books then it is considered infringement of copyright.
Beside that, it provided the description in which according to the Act, publication can use the description as it can be used for other people which they can perceive, communicate and reproduce.
Vander Ark needs to be careful about using names and descriptions from other people`s work such as JK Rowling`s Harry Potter series. He must have the permission from the real author to prevent a claim of copyright infringement. Pay attention to the law is important.
Reference List:
Copyright Law of the United States of America, U.S Copyright Office, viewed on 16th June 2009,
http://www.copyright.gov/title17/92chap1.html#105.
Harry Potter Author Wins Copyright Claims 2008, cbsnews.com, viewed on 16th June 2009, http://www.cbsnews.com/stories/2008/09/08/entertainment/printable4426302.shtml.
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