Harry Potter Compilation: Magic of Copyright Infringement
When does a fan’s admiration become copyright infringement? This question was at issue when J.K. Rowling, author of the famed Harry Potter novels, filed a complaint against Steve Vander Ark, a fan of the series. In ruling for infringement, a federal judged enjoined Ark from publishing his book, “The Harry Potter Lexicon” and awarded Rowling monetary damages.
Prior to writing the book, Ark created a website, also called “The Harry Potter Lexicon.” The website defines and cross references characters and elements from Rowling’s novels in addition to providing updates about Harry Potter film releases and events.
During the lawsuit, Ark defended his position with fair use. Fair use is a legal defense that allows an author or artist copy a limited amount of preexisting material, without permission, for incorporation into a new work.
However, the judge determined that the Lexicon was a mere compilation of Rowling’s copyrighted work and did not qualify as a new expression for the fair use defense. Other examples of compilations include “Best Of” albums such as Best Hits of the 1980s. Generally, the creators of such compilations must either own the rights or have authorization to use the individual works.
