Introduction
Carrie Ann, a fan of HBO’s Game of Thrones, wrote and self-published her own version of the series’ ending through Amazon Press. After selling several copies, she was sued by author George R. R. Martin and publisher Bantam for copyright infringement, claiming she used their characters and story world without permission. Carrie Ann argued that her work was protected under the First Amendment and qualified as Fair Use because it was an original and creative continuation, not a copy.
Fair Use Analysis of the Case
Copyright vs. Freedom of Speech
The lawsuit from the publisher Bantam and George R. R. Martin against writer Carrie Ann is governed by the legal doctrine of fair use, the First Amendment, and copyright laws. The fair use doctrine is intended to describe the limitations of the exclusive right granted to the creator of a particular work (U.S. Government Publishing Office, 2021b). Under this legal doctrine, copyrighted material may be used freely, subject to certain conditions.
The primary factor is obtaining permission without the author’s knowledge to promote the progress of science and the useful arts (U.S. Government Publishing Office, 2021b). The U.S. Constitution also upholds the right to free speech enshrined in the First Amendment. However, Carrie Anne’s actions are illegal because they violate copyright under the First Amendment exceptions and the fair use doctrine. The main argument for recognizing copyright infringement lies in the significant amount of use and commercialization of the original work.
By its very nature, copyright may restrict to some extent the freedom of speech guaranteed by the First Amendment. Copyright is necessary to prevent the reproduction of creative expression without the permission of the creator of the work (U.S. Government Publishing Office, 2021a). The doctrine of fair use is the fundamental regulator between the First Amendment and Copyright. Fair use serves the purposes of the First Amendment in that it allows consideration of the circumstances necessary to resolve a particular situation in favor of free speech expression or contrary to copyright infringement.
Limits of the Fair Use
Several characteristics of the newly created text must be considered to understand the limits of the fair use doctrine. One of the main criteria for determining fair use is the purpose of use. It is necessary to consider whether the text serves to popularize science or develop the arts (U.S. Government Publishing Office, 2021b). It is essential to understand that Carrie Anne used the original author’s text, George R.R. Martin, to publish it later on Amazon Press. Carrie Anne understood that she would use the work for commercial purposes and receive financial benefits. That is why her actions can be considered a violation of the doctrine of fair use.
In determining fair use, the extent and impact on the potential market must be considered. Most likely, Carrie Anne used the original characters and some plot points to write the alternate ending. Using a significant part of the characters and the plot basis, especially for commercial rather than educational or cultural purposes, is a copyright infringement (U.S. Government Publishing Office, 2021b). The First Amendment cannot prevent Carrie Anne from using her work to write her lyrics, but that does not include publishing and displaying it in the public domain. With this gesture, the author can also violate the position of the original author, exerting a significant influence on the audience.
Conclusion
In conclusion, Carrie-Anne’s actions are copyright infringement, and the publisher and original author, George R.R. Martin, will win the case in court. Carrie-Anne violates the doctrine of fair use, linking the right to free expression protected by the First Amendment and copyright regulations. Carrie Ann uses the text for commercial, not educational purposes. The author also significantly impacts the audience and does not act to promote the arts. Therefore, Carrie Ann’s actions will be recognized as a clear violation of copyright, and she will have to immediately withdraw the book from publication, sending the proceeds to the publisher and original author.
References
U.S. Government Publishing Office (2021a). Sec.102 – Subject matter of copyright: In general. Chapter 1 – Subject matter and scope of copyright. Web.
U.S. Government Publishing Office (2021b). Sec. 107 – Limitations on exclusive rights: Fair use. Chapter 1 – Subject matter and scope of copyright. Web.