Use of character names/ideas in educational setting?

[sinensis]

Hi there!

Long intro explanation, which I apologize for.

My educational institution (in the US) recently hosted a traveling exhibit from the National Library of Medicine called Harry Potter's World. The exhibit does not contain any materials or images from the books or movies, but it does mention Harry Potter and several other characters. The National Library of Medicine's website claims that their materials are public domain, and asks only to be acknowledged, which we've done.

We ran a series of activities, lectures, and programs surrounding the exhibit. These were educational/not for profit, and, like the core exhibit, did not contain text or images from the books or movies, but did mention/reference titles, characters, and ideas from them, as well as Rowling's name. We certainly never claimed to be officially affiliated with, part of, or in any way representing Rowling or her creative works, simply discussing and celebrating them.

I am currently applying for an award for this outreach program, and am presented with the following question:

"Did you use copyrighted materials? If any copyrighted material is used in your project, you must include a written release from the copyright owner or your entry will be eliminated."

I certainly believe everything we did falls well under fair use, but now I'm unsure of how to proceed. Would this qualify as using copyrighted materials?

 

[Zigner]

Hi there!

Long intro explanation, which I apologize for.

My educational institution (in the US) recently hosted a traveling exhibit from the National Library of Medicine called Harry Potter's World. The exhibit does not contain any materials or images from the books or movies, but it does mention Harry Potter and several other characters. The National Library of Medicine's website claims that their materials are public domain, and asks only to be acknowledged, which we've done.

We ran a series of activities, lectures, and programs surrounding the exhibit. These were educational/not for profit, and, like the core exhibit, did not contain text or images from the books or movies, but did mention/reference titles, characters, and ideas from them, as well as Rowling's name. We certainly never claimed to be officially affiliated with, part of, or in any way representing Rowling or her creative works, simply discussing and celebrating them.

I am currently applying for an award for this outreach program, and am presented with the following question:

"Did you use copyrighted materials? If any copyrighted material is used in your project, you must include a written release from the copyright owner or your entry will be eliminated."

I certainly believe everything we did falls well under fair use, but now I'm unsure of how to proceed. Would this qualify as using copyrighted materials?

I don't understand your confusion. You used copyrighted materials - as such, you need permission from the copyright holder or you aren't eligible for the award.

 

[quincy]

Hi there!

Long intro explanation, which I apologize for.

My educational institution (in the US) recently hosted a traveling exhibit from the National Library of Medicine called Harry Potter's World. The exhibit does not contain any materials or images from the books or movies, but it does mention Harry Potter and several other characters. The National Library of Medicine's website claims that their materials are public domain, and asks only to be acknowledged, which we've done.

We ran a series of activities, lectures, and programs surrounding the exhibit. These were educational/not for profit, and, like the core exhibit, did not contain text or images from the books or movies, but did mention/reference titles, characters, and ideas from them, as well as Rowling's name. We certainly never claimed to be officially affiliated with, part of, or in any way representing Rowling or her creative works, simply discussing and celebrating them.

I am currently applying for an award for this outreach program, and am presented with the following question:

"Did you use copyrighted materials? If any copyrighted material is used in your project, you must include a written release from the copyright owner or your entry will be eliminated."

I certainly believe everything we did falls well under fair use, but now I'm unsure of how to proceed. Would this qualify as using copyrighted materials?

It is possible that your use of the Harry Potter material would fall within the Copyright Act's guidelines for fair use of copyrighted material. But fair use is not permission to use copyrighted material. It is an affirmative defense to the use of copyrighted material - an "I infringed on the copyright but it is an excusable infringement" defense.

Your problem does not appear to be one where fair use is a question. You must include a written release from the copyright holder or risk having your entry eliminated, this whether your use could be considered a fair use or not. You used copyrighted material.

I suggest you contact the holders of the rights - which may be scattered between the author and various and assorted entities, depending on what material you used.

Good luck.

 

[FlyingRon]

Further, you also have trademarks to worry about in addition to copyright. Warner Brothers who licensed the Jo Rowling's material for the purpose of the movies is VERY litigious about people using things from Harry Potter universe.

 

[quincy]

Further, you also have trademarks to worry about in addition to copyright. Warner Brothers who licensed the Jo Rowling's material for the purpose of the movies is VERY litigious about people using things from Harry Potter universe.

I agree that it is a fine line one must walk when using a famous mark.

The use by sinensis of the Harry Potter material appears from what has been said of it to be a fair use of the material (although ultimately, of course, it is only a fair use if a court says its use is fair). But because it is the condition of the award/competition that permission be obtained first if any rights-protected material is used, it also means that the question of fair use, of the trademark or the copyrighted material, does not even come into play. Permission must be granted regardless.

 

[OHRoadwarrior]

Generally, within limits, educational pursuits constitute fair use. Obtaining the award does not.

 

[quincy]

Generally, within limits, educational pursuits constitute fair use. Obtaining the award does not.

There really is no "generally" when it comes to fair use. The specific facts of the use matter. In other words, not all "educational pursuits" will fall within the guidelines provided by the Copyright Act and it is important to remember that they are guidelines only.

What matters is the copyright holder's view of the use. If the copyright holder objects to the use, a lawsuit can result. It is then up to a court to decide whether the use is a fair one or not. The goal should be to avoid having a court have to decide the matter. Lawsuits are costly.

 

[FlyingRon]

Generally, within limits, educational pursuits constitute fair use. Obtaining the award does not.

You can be sure it doesn't. The law doesn't say that and educational insitutions are expected to pay for copyrighted matter. Believe me, I've been through that as a University administrator.

 

[quincy]

You can be sure it doesn't. The law doesn't say that and educational insitutions are expected to pay for copyrighted matter. Believe me, I've been through that as a University administrator.

It is unfortunate that more people do not understand what "fair use" actually is and is not (or what "public domain" material is and is not). Many legal threats, settlement demands and lawsuits could be eliminated with just a better understanding of these areas of IP law alone.

I know that as early as middle school in Michigan, the teachers start teaching students a bit about copyright laws, and there is a greater emphasis on copyrights in the high schools. But it is certainly not enough to prevent plagiarism and infringement when these same students enter college. And it is not just the students who are puzzled by the laws. Many teachers and professors infringe on copyrights (and trademarks, but to a lesser extent) without a thought.