Rowling, Warner Bros., sue over Potter book

[FunkyLeprechaun]

http://news.yahoo.com/s/nm/20071031/people_nm/harrypotter_lawsuit_dc;_ylt=AsdfI48Mmj9LA3pNq6TC7Mus0NUE

NEW YORK (Reuters) - A book billed as an unofficial encyclopedic companion to the "Harry Potter" series infringes copyright and attempts to cash in on the successful brand, author J.K. Rowling and Warner Bros. said when they filed a lawsuit on Wednesday.
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The 400-page book -- "The Harry Potter Lexicon" due to be released by RDR Books on November 28 in the United States -- had inappropriately referenced Rowling's fictional characters and universe, Rowling and Warner Bros. said.

RDR Books said the author of the reference book, Steve Vander Ark, based it on his fan Web site, www.hp-lexicon.org, that was used by 25 million visitors and had been called "a great site" by Rowling herself.

This guy has been doing the Lexicon for a long time (I remember first seeing it in 2000). I can see something being done as a fan site for fun, not for profit. This guy's going to lose in court, as it sounds like he hasn't asked her/WB for permission to publish the book... only going ahead based on her praise of the website. WB has also asked CafePress to stop sales of shirts using HP names.

Raises some interesting points.

[Orsino]

1. There's nothing inherently illegal about compiling concordances...

...authorized or not. Defense of genuine copyrights and trademarks can easily become restraint of trade in the hands of unscrupulous lawyers. Given the potential amount of money involved, I'm automatically suspicious of Rowling and Warner Bros, but the merits of the case will depend on the liberties taken by Van der Ark.

[FunkyLeprechaun]

2. Hmm

I've heard of encyclopedias related to various fandoms (Star Trek, etc), do you know if these are official or not?

Rowling has said for years she would like to do an encyclopedia-style book for charity (similar to the mini books she released about 6 years ago for Children in Need). She's already touched upon this style in the mini books, so I doubt she knew about Van Der Ark's site in 2001. I can certainly see her case. If Van Der Ark is doing it for profit... doesn't look good for him.

[Orsino]

3. Unauthorized concordances don't necessarily infringe.

I've got some Trek encyclopedias, none of which was authorized or pretended to be official.

If Van der Ark used trademarks without authorization, stole trade dress or copyrightable text, or included fanfic, he could be in big trouble. Merely indexing an author's world and characters, though, is perfecly legal.

[FunkyLeprechaun]

5. I'll have to look at the website

Here is what it says on the bottom of the home page (I guess it's been slowed down by traffic since this news article came out, so I got it from Google Cache):

original content © 2000-2006 The Harry Potter Lexicon, all rights reserved - last page update 7/20/06 KC
The Harry Potter Lexicon is an unofficial fan web site and is not associated in any way with J. K. Rowling, Warner Bros., or any other official entity.
The Lexicon is committed to upholding copyright law and does not knowingly use any images or text illegally.
This Lexicon contains spoiler information from all the Harry Potter books.

How would you interpret that? And could he publish his Lexicon under these terms?

[Orsino]

9. Sounds as though he CLAIMED to be doing it right.

And sure, spoilers and encyclopedic information should be okay. Just no huge excerpts, trade dress or infringing derivative work (fanfic).

[FunkyLeprechaun]

11. If you see his website

Whenever he sources quotes from the book he cites the source at the end of the statement. For example, the entry on Albus Dumbledore (http://www.hp-lexicon.org/wizards/dumbledore.html#birth). I wouldn't say his work is wholly original... which is the problem. I can see why JKR would like to write it, and I can see her doing it in an original way.

JKR hand-wrote 7 books "The Tales of Beedle the Bard" and one is going to be auctioned off for charity. She's already given the other six away, presumably to friends of course. She isn't selling it for her gain.

I hope we'll read the Tales of Beedle the Bard sometime soon!

[Tyler Durden]

4. A billionaire Author sues for "cashing in"

What's the matter, JK? Having enough cash to buy the Isle of Wight not enough?

Sheesh.

[redqueen]

6. Apparently there's some legal loophole...

which makes it so that if people who own copyrights don't defend EACH and EVERY infringement, however slight, it could very well harm their chances of ever preventing anyone else from doing anything with respect to copyright infringement, ever.

So...

[cemaphonic]

15. No, thats trademarks

Copyright infringement can be pursued selectively.

Not a lawyer, but lived with an IP lawyer for a while.

[redqueen]

16. Well there's a few lawyers on this site

that would argue with you about that.

[FunkyLeprechaun]

7. No no no

She wanted to write an encyclopedia-style book of the Potterverse (plus include some items that she did not publish in the books as well) for charity. Like she did with Fantastic Beasts and Quiddich Through the Ages, all the money that came from that went to Comic Relief.

Her reasoning is if some people want this type of book, and buy Van der Ark's book before her version, then they may not be compelled to buy her book for charity.

[Tyler Durden]

8. If you say so....

If she's so worried about charity, should start by not suing, and donate the legal fee money.

[XemaSab]

10. I can understand that argument to a point

But no matter how many people buy other lexicons, EVERY Potter fan would get an encyclopedia by JK herself. :shrug:

[FunkyLeprechaun]

14. Well.. I do agree with that!

I went through a phase where I was buying up every HP related book (even an unauthorised bio of JKR!) just because it was HP (thankfully for my wallet, that phase ended quickly!).

However, the book being published can be seen for free on his website. It sounds like RDR/Vander Ark had asked WB/Rowling for permission to publish the book (that's what I've gleaned from the various articles I've read) and the latter said no and yet, RDR is still going ahead with the book (which comes out here on the 5th).

I'll have to go to my local Waterstones to see if they've got the book out on the 5th. If the Lexicon does get through with publishing, the thing in all this is free publicity. I don't think I'll buy it for JKR's sake, and I shall anticipate her book, but I might just peruse it.

[MrSlayer]

12. It's hard to get behind someone so rich suing someone so not-rich.

But it is her copyrighted material and he didn't have permission so a simple cease and desist will do. She shouldn't try to break the guy over it. I'm quite sure she was going to do something of the sort herself, maybe she could take his work and, if it's good enough, put her name on it and let this dude eat too.

[FunkyLeprechaun]

13. According to the article

"The lawsuit doesn't seek action against the Web version of the Lexicon, but criticizes it for numerous sections that it said "regurgitate Ms. Rowling's original creative expression with minimal additional commentary.""

Quoted from: http://ap.google.com/article/ALeqM5hIGNIcztySvpGhm95iGPhNL7ov1AD8SKS9FO1

It's beginning to sound like if Vander Ark asked Rowling or WB for permission to write the book, it wouldn't have come to this (I don't think it would have been granted as Rowling said for years that she would like to write her own encyclopedia). I've read plenty of companion HP books and they're mostly original commentary analyzing the contents of the book, and even read one parody (Barry Trotter and the Unauthorised Parody) which is OK to publish.

I think in my OP, WB and Rowling had sent letters telling RDR and Vander Ark not to publish the book but RDR still decided to go ahead with it. I think it is telling that Vander Ark (presumably he's talking to a lawyer) hasn't commented on what's happening but according to RDR "the book contains much of the same material already found on The HP Lexicon website, a fan-created collection of essays and encyclopedic material on the Harry Potter universe, including lists of spells and potions found in the books, a catalog of magical creatures, and even a "who's who in the wizarding world."

Also another problem with Vander Ark publishing this encyclopedia.... it's free on his website!

I'll see what happens next.