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J.K. Rowling Takes Copyright Lessons from Professor Umbridge

Posted by Miriam Axel-Lute

Apparently being the highest earning novelist of all time doesn't stop you from getting a case of distraught writer's block at the thought of fan publishing an encyclopedic reference guide to the world you created.

Steven Vander Ark's Harry Potter Lexicon went online 1999, and was wildly popular. Rowling even reported being fond of it and checking it herself while out writing. But once he got a contract to publish it as a book she cried foul and, with the kind assistance of Time Warner, sued. Vander Ark's publisher's lawyer argued that it fell under fair use of copyrighted material for reference books, but he lost (though was assigned the minimum possible penalty).

Intellectual property lawyer Paul Rapp has a few things to say to Rowling—and the judge. Specifically, he thinks the ruling is on sketchy legal and moral grounds and "contribute[s] to the paralyzing uncertainty artists face when they have an opportunity to create something new out of fragments of our culture."

I agree with Rapp. I do understand that she had plans to do her own encyclopedia, and that it would be annoying if a fan beat her to it, but is that a reason to get all sickly-dancing-kitten about the letter of the law over the spirit? Besides which, clearly hers would still sell, since it would have tons of original background info a fan wouldn't have access to.

I can see getting persnickety about spoilers. But isn't it the height of praise to have your fictional world considered worthy of its own reference book, in your lifetime? Worth, even, relaxing a little on maximizing your future billions?

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Comments

 

Brett Singer said:

I'm genuinely confused by this. First, she allowed the website to exist for years. Second, doesn't this mean that all of the other books about existing works of literature (like a Klingon dictionary, for example) are also copyright violations?

Third, don't you have enough money JK? (Sorry, had to say that.)

September 14, 2008 11:44 PM
 

LeighS said:

But it doesn't matter how much monay she has. What apparently matters to her is that it is HER work, HER ideas, and therefore SHE has the right to decide what happens with it. Period. The amount of money she has made from her series shouldn't be brought into play here. She wants to maintain a level of control over her books and she doesn't want to share. Were her books not so incredibly successful, I think she would engender a great deal more sympathy.

September 15, 2008 11:06 AM
 

Maeby said:

I'm with Brett.

I also saw on Oprah a couple of years back that no one wanted to publish harry potter then one lady read it at a publishing place and forced her boss (or whoever was above her) to read it so it would get published. All JK gave her was a signed book (at a book signing event) that was after she had already made millions. That woman was the only reason she got published! I think greed has a little something to do with it.

September 15, 2008 2:08 PM
 

coolteamblt said:

I'm a Harry Potter fan. My understanding is that JK Rowling was fine with the Lexicon because it wasn't for profit. Her objection came when Vander Ark decided to make money off of it. Personally, I think it was kind of her to let him run the free website to begin with, and Vander Ark tried to take advantage of her leniency.

September 15, 2008 10:49 PM
 

judey mcjudgerson said:

This has nothing to do with her feelings or leniency on the matter. It's about law and what is fair use and what is not.  In order for a work like an encyclopedia based on another work to be within the allowed fair use provisions.  When creating a critical work or a commentary it's author(s) must limit their quotation and paraphasing of the original and transform it into a new work of independent value (even if that value is to understand the original).

The judge denied she had the right absolutely to block encyclopedias as derivative works (as she does with movie adaptations or television retellings).

It was this man's RIGHT to run an american based website so long as it doesn’t conflict with her copyright.  It has NOTHING to do with her permission or her feelings about the matter.

Basically the ruling said he didn’t provide quite enough commentary and he quoted and paraphased too much for the work to be considered transformative. This means any book that DOES meet the threshold (whatever that may be) is not within any author’s authority to block.

Thus ends our legal lesson so we can stop considering Dr. Rowling queen of the world.  

September 16, 2008 1:06 PM

About Miriam Axel-Lute

Miriam Axel-Lute is a freelance writer, editor, poet, and urban planning junkie. She lives, works, and gardens in Albany, NY, with her two partners and daughter.

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