From Times Online
May 12, 2008
Harry Potter copyright case: fair use or foul?
It is impossible to predict the outcome of J.K. Rowling's claim against the author of a Harry Potter lexicon
by Karen Fong and James Elliott

The high level of media interest in the Harry Potter copyright case heard in New York last month was perhaps inevitable given the popularity of anything to do with the young wizard.
However, the case raises an issue that will be of particular interest to both authors and trade mark owners whose works or products attract internet fan sites, and to those operating or posting material on fan sites. At what point should a copyright or trade mark owner take steps to enforce their rights against fan sites that are promoting their works or products?

In bringing a copyright infringement action against the publisher of The Harry Potter Lexicon — a readers’ guide to characters, places and spells in the Harry Potter books — J.K. Rowling turned on one of her greatest supporters.
Where to draw the line between legitimate fan club activities and activities that impinge on copyright or trade mark rights is something that has exercised many intellectual property owners in recent years. On one hand, it is important not to alienate one’s most loyal supporters. On the other, it is important that appropriate control is retained over use of the protected work.

For the full story go to The Times online here.