Verdict
On 8 September 2008, Judge Patterson decided the case in Rowling's favor, claiming that "because the Lexicon appropriates too much of Rowling's creative work for its purposes as a reference guide, a permanent injunction must issue to prevent the possible proliferation of works that do the same and thus deplete the incentive for original authors to create new works." Patterson awarded the plaintiffs $750 for infringement of each of the seven Harry Potter novels and $750 for infringement of each of two official companion books (i.e., Quidditch Through the Ages and Fantastic Beasts and Where to Find Them); the minimum amount possible, "since the Lexicon has not been published and thus plaintiffs have suffered no harm beyond the fact of the infringement." Patterson was careful to draw a distinction between the Lexicon book and other potential guidebooks, saying, "While the Lexicon, in its current state, is not a fair use of the Harry Potter works, reference works that share the Lexicon's purpose of aiding readers of literature generally should be encouraged rather than stifled".
Patterson concluded that, "Because it serves ... reference purposes, rather than the entertainment or aesthetic purposes of the original works, the Lexicon’s use is transformative and does not supplant the objects of the Harry Potter works." However, he also noted that, "The Lexicon’s use of Rowling’s companion books is transformative to a much lesser extent. The content of the companion books takes on the informational purpose of the schoolbooks they represent in the novels. As Vander Ark testified, the companion books are 'essentially encyclopedias already'."
"The transformative character of the Lexicon is diminished, however, because the Lexicon’s use of the original Harry Potter works is not consistently transformative," Patterson ruled. "The Lexicon’s verbatim copying of ... highly aesthetic expression raises a significant question as to whether it was reasonably necessary for the purpose of creating a useful and complete reference guide."
Patterson rejected Rowling's argument that the book interfered with her plans to write a Harry Potter encyclopedia, saying, "the market for reference guides to the Harry Potter works is not exclusively hers to exploit or license, no matter the commercial success attributable to the popularity of the original works."
Read more about this topic: Warner Bros. And J. K. Rowling Vs. RDR Books
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