Are you a writer, an editor, a copyright lawyer in California, a literary agent or a lawyer anywhere in Corona del Mar, Rancho Mirage, San Diego, California, Orange County, CA, Los Angeles , Malibu, La Jolla, Del Mar, Encinitas, Carlsbad, Oceanside, San Marcos, Vista and Escondido or the cities of Huntington Beach, Yorba Linda, San Clemente, Buena Park, Anaheim, Santa Ana, Costa Mesa, Irvine, Newport Beach , Laguna Beach, Laguna Hills, Santa Barbara, San Luis Obispo, Buena Park, Temecula, Indian Wells, La Quinta, Palm Desert and Palm Springs, are you interested in a recent case at the Harry Potter author JK Rowling. This is an important decision for authors, copyright lawyers, lawyers and writers everywhere.
In September 2008, a New York judge in a decision in favor of author JK Rowling and Warner Bros., the film rights to the Harry Potter books in a literary work and a case of copyright, a fan website , which was submitted to the publication of planning information on the Harry Potter.
As the verdict was determined that the reference simply copied too much from Rowling books to be “as” fair use. The fact that what has been copied as a creative material fact of contrast has also hurt the case of the site as a creative material has a higher degree of protection.
The award is not the rule, confirmed that the beneficiaries of a book on derivatives “fair use” protection of the law, it must be very transformation. It should create something else. Instead, the judge concluded that the unique style of Rowling and the reference words of text, what is legitimate to create a reference.
The decision does not affect the right of parody or dilute the literary critic, to be protected by the doctrine of “fair use”. Instead, pay the penalty, has used the sense of the impact on the market “factor” in the standard four by the judges of the rating of “fair use”.
These four factors are, first, the purpose and type of use (the new conversion work in something else – in this case the use of material from two companion reference books by Rowling made the reference site less processing). Although some of them is this factor, if the use is commercial or noncommercial, most uses of profits. Another part of this factor is whether the infringer acted in good faith or not.
The second factor is the size and scope of the use, whether the amount is reasonable use of the offender in order processing. Here, apparently it was not.
The third factor is the type of copyright work, creative work does not give much greater than the effective protection.
The fourth factor is the harm to the market for original pieces of counterfeit work. Here, the Court held that it could not hurt during the reference site, the market for Harry Potter novels, it could very well hurt the market for books of JK Rowling’s companion.
Accordingly, the judge in New York a permanent injunction against publication of the reference site. The appeal of the decision may be filed and it is possible if the site were processed information could be passed. But the copyright in that lawyer believes that the success of an appeal or a published book to be acceptable as “fair use” is in these circumstances, it is unlikely, and as a result of this decision counterfeiters California and the United States now have even more time trying to make a profit from another author’s work.
If you’re a publisher, literary, or the question of copyright infringement in San Diego, Newport Beach, Irvine, Orange County, La Jolla, the Inland Empire, Los Angeles, Palm Springs or anywhere in southern California, we have the knowledge and resources of your Malibu counsel copyright and Palm Springs and San Diego Attorney Publishing. Make sure a law firm in California with a violation of the right experience and literary arts, covering areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Carlsbad, service Corona del Mar, Laguna Beach rental, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura and La Quinta Santa Barbara, so you can adequately represent and preserve the compensation you deserve.
If you have a problem of copyright or any publication, call the law firm Gibson, R. Sebastian, or visit our website at http://www. sebastiangibsonlaw. com and learn how we can help.