It also cites the "lengthy plot summaries and detailed descriptions" of characters. "These descriptions, character details and plot points comprise stories created and owned by Ms. Rowling, who has the sole right to control their distribution and who did not give permission to the Defendant to publish a book that stands to make millions of dollars off the back of Ms. Rowling's creativity."
Surely so long as the descriptions, summaries, etc, are put in one's own words, rather than copied en mass from the books, they are not infringing anything?
One hopes the judge will see it that way, but it falls under the fair use analysis. There's bad case law stating that 'fictional facts' don't count as 'facts' under copyright law, thus 'fictional facts' can be copyrighted. Seinfield managed to stop a trivia book.
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http://violet-quill.livejournal.com/350720.html
It's actually really fascinating. :) (Er, the issues, not my analysis. LOL.)
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It also cites the "lengthy plot summaries and detailed descriptions" of characters.
"These descriptions, character details and plot points comprise stories created and owned by Ms. Rowling, who has the sole right to control their distribution and who did not give permission to the Defendant to publish a book that stands to make millions of dollars off the back of Ms. Rowling's creativity."
Surely so long as the descriptions, summaries, etc, are put in one's own words, rather than copied en mass from the books, they are not infringing anything?
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