Christian Case

Harry Potter Praying with Larry Podder The case about the Christian game "Praying with Larry Podder" is interesting and there are two main concepts that are at play but they both deal with intellectual property rights. One issue is the likeness to Harry Potter and the other is the sharing of potentially copyrighted material through the peer network.

If it is true that the game is about Larry Bakker's life and not Harry Potter's, what will you need to prove to defend against this lawsuit? If the game is "really" about Larry Bakker's life then it should be too difficult to mount an adequate defense. Obviously a personal account of one's own life is a subjective account. However, there are ways that one can put together some evidence to verify personal stories.

Pictures and testimonies from friends, family, acquaintances or neighbors could all be used to produce some factual evidence about the actual life of Larry Bakker. The opposition would also try to prove that the events of Larry Bakker's life were not based on his actual life and attempt to prove that he was purposely acting in a factious manner. 2.

Will being a Christian organization protect you from this lawsuit under the First Amendment? Is it analogous to parody? It is likely that being a Christian organization would help the company because Harry Potter is based off a supernatural story that does not include any form of Christianity whatsoever. The American Bar allows for "free use" of copywriter material in certain instances as outlined by the U.S.C.

law: Fair Use Defense for a Copyright Claim (The American Bar, N.d.) The fair use of copyrighted works for purposes such as criticism or comment is not an infringement of copyright. See 17 U.S.C. § 107. The idea of fair use reflects copyright law's careful consideration of First Amendment principles, as fair use permits later authors "to use a previous author's copyright to introduce new ideas or concepts to the public." SunTrust Bank v. Houghton Mifflin Co., 268 F.3d 1257, 1265 (11th Cir. 2001).

Section 107 of the Copyright Act delineates a nonexclusive list of four factors to assist courts in determining whether a given use of a copyrighted work is fair. The factors include (The American Bar, N.d.): 1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. The nature of the copyrighted work; 3. The amount and.