As to the first factor (purpose and character of use), the court found that the work was not particularly transformative when compared to the other encyclopedic works produced by Rowling. Also, the work was for profit.
The second factor (amount and substantiality of use) weighed in favor of Rowling. The book contained far too much verbatim copying from the book, even when such copying would not have been necessary. Thus, the author appropriated more than was necessary to create the work.
The third factor (nature of the copyrighted work) also weighed against a finding of fair use because the Harry Potter franchise is entirely fictional.
Finally, the fourth factor (market harm) also weighed against a finding of a fair use. Although the lexicon encyclopedia would not likely compete with the Harry Potter novels, it would likely harm sales of Rowlings other encyclopedic works.
A new book, called The Lexicon by the same author, Steve Vander Ark, editor of the Harry Potter Lexicon website (www.hp-lexicon.org) was published in the United States, Great Britain and Canada this month by RDR Books. It is written in compliance with the judge's decision and is not the book that was originally sued. J.K. Rowling's attorneys have issued a statement saying that they are "delighted that this matter is finally and favourably resolved." For more information visit http://www.publishersweekly.com/article/CA6620114.html?desc=topstory or www.rdrbooks.com
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