J.K. Rowling should lose her copyright lawsuit against the Harry Potter Lexicon. - By Tim Wu - Slate Magazine:
As sympathetic as I am to Rowling and her rights as an author, the answer is no. There is a necessary and healthy line between what the initial author owns and what follow-on, or "secondary," authors get to do, and Rowling is running over that line like the Hogwarts Express. The creators of H.P. Lexicon may not be as creative as Rowling, but they are authors, too, and deserve a little respect from the law.
At issue are the giant fan-written guides like the H.P. Lexicon or the Lostpedia (for the show Lost) that try to collect all known information on topics like Harry's pet owl or the Dharma Initiative. Rowling takes the position that she, as the original author, has the right to block the publication of any such guide. In her words: "However much an individual claims to love somebody else's work, it does not become theirs to sell."
But Rowling is overstepping her bounds. She has confused the adaptations of a work, which she does own, with discussion of her work, which she doesn't. Rowling owns both the original works themselves and any effort to adapt her book or characters to other media—films, computer games, and so on. Textually, the law gives her sway over any form in which her work may be "recast, transformed, or adapted." But she does not own discussion of her work—book reviews, literary criticism, or the fan guides that she's suing. The law has never allowed authors to exercise that much control over public discussion of their creations.