tag:blogger.com,1999:blog-12505562.post7921914469422688535..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: A Friday Grab BagWilliam Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-12505562.post-42230683324841019562008-01-11T14:03:00.000-05:002008-01-11T14:03:00.000-05:00On the Lexicon issue, Wu doesn't at all mention t...On the Lexicon issue, Wu doesn't at all mention the unfortunate decision in Castle Rock<BR/>Entertainment, Inc. v. Carol Publ. Group, 150 F.3d 132 (2d Cir. 1998),<BR/>aka, the Seinfeld Trivia case. As most readers of this blog probably know, someone created and published an<BR/>unlicensed book of Seinfeld trivia, with details about characters and<BR/>lines from the show, arguing that doing so was fair use and merely a<BR/>compilation of facts. The court held that the facts about the show<BR/>weren't really facts, but rather expressions of the creators'<BR/>imaginations, and the most important fair use factor of effect on the<BR/>market was in Seinfeld's favor since they had plans for their own<BR/>derivative books based on the show. See also Twin Peaks v.<BR/>Publications Int'l, Ltd. 996 F.2d 1366 (2d Cir. 1993), which was plot<BR/>summaries and quotations from the TV show Twin Peaks – again, the<BR/>court held that the amount of material taken from the original was<BR/>substantial and adversely affected the market for authorized books<BR/>about the show, and so denied a fair use defense to copyright<BR/>infringement.<BR/><BR/>I don't necessarily agree with it, but there is strong precedent in Rowling's favor. As the Lexicon's lawyer, how do you distiniguish these cases?<BR/><BR/>I am interested in the issue of waiver/estoppel in this case -- the Lexicon has been online for a long time, with at least tacit approval from JKR, if not outright active support. Crossing from free Internet to for-sale hard media makes a difference to JKR, I am sure, but will it make a difference to a court?Anonymousnoreply@blogger.com