Copyright Infringement Harry Potter Style

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Michael N. Cohen

February 23, 2010 | In ,

Copyright Infringement Harry Potter Style

A 36 page children’s book from a now-deceased and totally obscure British author may have lead to Harry Potter. Last week, the Associated Press reported that J.K. Rowling and her publisher are being sued for copyright infringement.

The estate of Adrian Jacobs, who died penniless in 1997, alleges that Rowling’s fourth book, “Harry Potter and the Goblet of Fire,” was lifted from “The Adventures of Willy the Wizard,” written by Jacobs in 1987. The trustee of Jacobs’ estate, Paul Allen, is suing for over $500 million pounds.

According to Rowling: “The claims that are made are not only unfounded but absurd, and I am disappointed that I, and my UK publisher Bloomsbury, are put in a position to have to defend ourselves.” Unfortunately for Jacobs’ estate, it will be hard to prove that Rowling did in fact plagiarize. Mere ideas are hard to copyright, and from the sound of it, that’s all Jacobs had. Wizard and magic lore is hardly unique intellectual property. Copyrights are given for the execution of a work.
Apparently, Allen’s attorney, Max Markson, has a different view. He was quoted saying he thinks it’s a billion-dollar case

Author

  • Patent and Trademark attorney Michael Cohen

    Michael N. Cohen is a Los Angeles based Intellectual Property attorney and founder of Cohen IP Law Group, P.C. For over 20 years, he has provided nuanced and sophisticated IP and business litigation services to a diverse clientele. His practice focuses on patent and trademark prosecution and litigation, as well as complex business and internet law disputes for clients ranging from startups to Fortune 500 companies. Michael is a registered patent attorney admitted to practice before the U.S. Patent and Trademark Office (USPTO).

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