The book, A Muggle’s Tale, created by Jenna Thomas and published by Mykman Publishing is liable for copyright infringement due to the fact that it contains the intellectual property of JK Rowling and Scholastic Inc. found within the series of Harry Potter books. It does not fall within the Fair Use exception of the copyright Act of 1976.The Fair Use Doctrine consists of 5 parts. The first part is purpose, which decides whether A Muggles Tale is commercial or non- commercial. The second part decides whether the book was transformative or non- transformative. The third part is nature, to decide the nature of the copyrighted work. The fourth part is amount, which is to decide how much the book was allowed to take. The fifth and final part of the fair use test is the effect, which tells us if the book affected JK Rowling’s market value of Harry Potter.
The first part in the fair use test is purpose. In this part of the test we decide whether A Muggle’s Tale is commercial or non-commercial. A Muggle’s Tale was for commercial use because although it didn’t sell any books, it was intending to sell books later on. The court issue of whether a work is for profit depends on whether the users motive is a monitory gain but instead whether the user stands to profit from the new work. At the beginning, Thomas’s book was for educational purposes, but in the end it was used for money.
The next part to the fair use test is character, transformative or non-transformative. A Muggle’s Tale was non transformative because it practically took the whole book. Jenna Thomas took Harry Potter and Ron Weasly’s character details, and she copied Hogwarts as well. She didn’t change anything besides the names of the characters and the names of scenes. According to SunTrust Bank vs. Houghton, copyrighted material is not considered a parody if it contains most of the material from the original work. Therefore, A Muggle’s Tale is non-transformative because it...
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