An individual in Toronto says he will remove J.K. Rowling's name from 'Harry Potter' books and 're-bind' them for a fee — legal experts weighed in on the 'artistic' activity.
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"Why wouldn't re-binding a used book be legal? [The individual] is creating art from already purchased copywritten material. He is not duplicating copywritten material." "Rebind and change up all of the book covers you want. It doesn't change what is in the book, the story, or anything about it.""It's not exactly illegal," said another commenter."Rowling would have to prove her name on the cover is part of the trademark and not just a note of authorship. Something she would probably lose in court ... and isn't worth her time or effort. We're talking about 30 copies of the over 500 million that have been sold.
The attorneys made clear that once someone buys a book, the owner of that book is free to scratch out a name within it, remove its cover, mark up the text, rip it to shreds or re-sell it if the person so chooses — as long as there is no fraud perpetuated. "There is a doctrine in copyright law called the ‘first sale doctrine,’ and under this, broadly speaking, when you buy something that's protected by copyright, it's yours," Coleman told Fox News Digital.The U.S.
Coleman is a commercial litigator with years of court experience in intellectual property law. He represented Simon Tam of The Slants in a Supreme Court case that resulted in a landmark free speech ruling that the government could not refuse to register trademarks that are"disparaging" or considered hate speech. Author J.K. Rowling has sold more than 180 million copies of her books in the U.S. alone, according to publisher Scholastic.
"It may be the zenith of petulant childishness — but the [activity] is probably protected," including in Canada, where laws differ from U.S. law.
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