Recently, Harry Potter author J.K. Rowling and Warner Brothers sued a small publisher that is planning to sell a lexicon/encyclopedia of her work. Commentary on the suit - such as Joe Nocera's February piece, supporting the small publisher, for the New York Times -- has played upon themes that have become increasingly familiar lately: the right of the original author to control her creative work, versus the supposed right of others to freely make use of it. The problem with these themes, however, is that the first is a constitutional and statutory reality, and the second still ...