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Originally Posted by Richard Dickson 
It was my impression that the book wasn't so much original analysis and discussion but a list of characters using large chunks of Rowling's text as descriptions. It'd be like me doing a Lord of the Rings character guide and under my entry for "Balrog" simply quoting the text of the fight in Moria.
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As Devin mentioned, it all comes down to how much of it is direct quotation and how much is paraphrasing and analysis.
The fact that this guy includes ideas and characters that Rowling invented means absolutely nothing. The legality of every critical text based on an existing work would be placed in jeopardy if Vander Ark were found guilty on those grounds. If someone wants to write an analysis of Updike's Rabbit books, he shouldn't have to worry about being sued for using Updike's characters or revealing the plots of his books, even if Updike himself has plans to release an alphabetical compendium of his own stuff.