Warner bros v rdr books case brief

Moreover, the very reason that i an alyzed twn books in partieularluggleet. Recognizing the derivative works right as a moral right. Whether a the harry potter lexicon based on the harry potter books. Jan 09, 2012 dave hammer, rdrs new york attorney, argued that the law didnt distinguish between digital and printed of the information. The court of appeals for the second circuit upheld the denial of interim relief after viewing, as this court had, plaintiffs first movie superman the movie, several of plaintiffs comic books, and. For the following reasons, plaintiffs motion is granted in part. It would seem proper, therefore, to construe the instruments under the assumption that the claimant knew what it wanted and that in defining the items in the instruments which it desired and intended to take, it included all of the items it was. Rowling didnt make enough money on harry potter, so she had to make sure that the harry potter lexicon was shut down. Filed amicus brief urging california supreme court to overturn a ruling that discussion of sexual themes in writers meetings for the television show friends created a hostile work environment and is not protected by the first amendment. Story is told by examining their entire filmography in chronological order up to the time of publication.

Where a contract confers on one party a discretionary power affecting the rights of the other party, an implied covenant of good faith requires such party to exercise that discretion with good faith and in accordance with fair dealing. A tight grip can choke creativity the new york times. Rowling has permitted some fan sites certain latitude to make use of the material in her books, these sites are generally free to the public and exist to enable fans to communicate, rather than to create an. We defended the publisher of the harry potter lexicon against suit from j. The instruments under which warner claims were prepared by warner bros. The second case, peter letterese and associates, inc. Rowling against rdr books, an independent publishing company based in muskegon, michigan.

Rowling commenced this action against defendant rdr books, alleging infringement pursuant to 17 u. The court assumes familiarity with the facts and procedural history of this case, which were detailed in the courts december 4, 2014 opinion resolving monsters posttrial motions. Summaries of fair use cases copyright overview by rich. Pictures, in the united states to provide her services exclusively to the company for the period of twelve months with a further twelvemonth option. The new york law journal honors attorneys and judges who have made a. Rdr books, she won, getting the judge to agree with her and her friends at warner bros. Rdr books, the court found that fan art in the form of an encyclopedia of. World institute of scientology,2 determined whether the scien. In a 68page decision pdf the judge concluded that the. The website contains information on the series characters, places, animals, magic spells, and potions along with atlases, timelines, and analyses of magical theory, according to a press release issued by stanford law schools fair use project, which is acting a cocounsel to rdr books in the case.

Part of a series of books illustrating the major film studios during hollywoods golden age, the warner bros. The harry potter lexicon began as a website on which contributors collected information about people, places and things that inhabited the harry potter universe as described in j. He will be representing rdr for free the only reason the case has made it to court, as most publishers of rdrs size dont have the money to take on rowling or warner bros. Mar 11, 2008 he will be representing rdr for free the only reason the case has made it to court, as most publishers of rdrs size dont have the money to take on rowling or warner bros. Falzone is employed by stanford law school, where he heads up the fair use project, which was founded several years ago by lawrence lessig, perhaps the law schools bestknown professor. Filing 1 complaint verified for injunctive and other relief against defendant warner bros. Do not make any more catwoman smaller budget movies million dollar baby production budget. Report prepared for comm 4454 media law, fall 2011 source. He claimed, it would create a legal precedent were rowling and warner bros to win. These lists included brief descriptions or definitions of the terms.

The harvard policy and the apas attempt to profit from the nih open access mandate. Feb 09, 2008 on friday, a lawyer named anthony falzone filed his sides first big brief in the case of warner bros. This case summaries is brought to you for free and open access by the college of law at via sapientiae. Rdr books we defended the publisher of the harry potter lexicon against suit from j.

Entertainment that the lexicon did not qualify for fair use protection. Suppose that the defendant in a infringement case has produced a work that is similar, but not identical, to the plaintiffs, and the defendant denies ever having seen the plaintiffs work. The greatest american hero, is the third case in a second circuit trilogy of 20th century infringement cases in which the proprietors of superman s sued other companies for publishing fictional exploits of a cape. Summaries of fair use cases copyright overview by rich stim. Ryan gile las vegas trademark attorney vegas trademark. Rowling in the united states district court for the southern district of new york. I served as trial counsel for rdr books, in an action by warner bros. The defendant was a film artist, otherwise known as bette davis, who had entered into a contract with the plaintiffs, warner bros.

An important factor in the courts decision was the extensive verbatim use of text from the harry potter books. When a covenant of prohibition or restriction against reassignment is made to the heirs and assigns of lessee, then the restrictions binds the lessee and any of his heirs and assigns. The wall street jounal provides an overview of the case, and the. In this action, a distinguished and tremendously successful novelist demands the suppression of a reference guide to her works. Rowling authored the harry potter books that plaintiff warner. Defendant rdr books submits this memorandum of law in opposition to the motion by plaintiffs warner bros. Corporation which is a large, experienced moving picture producer. Trial in the district court for the southern district of new york. Rowling authored the harry potter books that plaintiff warner bros. In this long awaited decision, the court ruled that rdrs plan to publish the. Whether a the harry potter lexicon based on the harry potter books and the free online guide violated warner brothersa protection and a violation of fair use. If rowling was happy with the content of the website, she cannot object to the publication of the book.