Copyright = is the right to own noncorporeal things pertaining to intellectual property: names, distinctive marks, words, etc.
You haven't defined copyright here. You defined trademark. They're both intellectual property. Here's the definition from the US Copyright Office (http://www.copyright.gov/circs/circ1.html#wci)
What Is Copyright Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
To reproduce the work in copies or phonorecords;
To prepare derivative works based upon the work;
To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
In the case of sound recordings*, to perform the work publicly by means of a digital audio transmission.
If JKR had already published such a work, she might have a claim re: competition, but she has not; she wrote works of fiction, and this is clearly a companion/guidebook. She has permitted other guidebooks before. Just because she wants to write one doesn't give her the exclusive right to shut down others. ... she kinda does, I think, going by the above definition. Legally, in the US, at least. Whether she should have that right or not can be argued.
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Date: 2008-04-15 08:08 pm (UTC)You haven't defined copyright here. You defined trademark.
They're both intellectual property. Here's the definition from the US Copyright Office (http://www.copyright.gov/circs/circ1.html#wci)
What Is Copyright
Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
If JKR had already published such a work, she might have a claim re: competition, but she has not; she wrote works of fiction, and this is clearly a companion/guidebook. She has permitted other guidebooks before. Just because she wants to write one doesn't give her the exclusive right to shut down others.
... she kinda does, I think, going by the above definition. Legally, in the US, at least. Whether she should have that right or not can be argued.