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FEBRUARY 5, 2005 at 7:21 PM
Posted by GERI
Source: Sunday Herald
Representatives of JK Rowling and Warner Bros. are investigating possible copyright infringement centering around images HPANA posted last week from an issue of the U.S. Army's official Preventive Maintenance Monthly. The cartoon magazine, distributed to 80,000 army personnel, featured a multi-page parody of "Harry Potter" in the publication's May 2004 issue.
A spokesman for Rowling has confirmed
that they were looking into the matter and that the U.S. Army never approached them or Warner Bros. prior to its release.
According to Ken Crunk, based at Redstone arsenal in Alabama:
"The drawings were done by a contracted artist for us. They do not look like any of the characters from Harry Potter. We are very careful when we do these things not to copy images because that would be illegal. We use them to encourage soldiers to read the mag."
A U.S. Army spokesman added:
"Each issue of the magazine is reviewed by the aviation and missile command legal office. After reviewing this particular issue the legal office concluded that there was nothing done that was impermissible and that the illustrations were clearly in the scope of parody and that, therefore, there was no need to seek permission from JK Rowling."
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Squib
Points: 150
k j says:
The comics were pretty funny, but you would think the the U.S. Army would have gotten permission to do something like that.
Posted Feb 5, 2005 at 11:54 PM EST
Mrs. Ronald Weasley
Points: 2606
hplover234 says:
Wow. That really sucks. I really hope this all works out smoothly for J.K. Rowling. This could cause stress on her and her new baby. I really hope that a massive fight does NOT break out because of this.
Posted Feb 5, 2005 at 11:54 PM EST
Auror
Points: 3006
HBP says:
Parody is a legal exception to the copyright laws. Parody's are permitted. I think the military legal opinion given in the story are sound. However, I am rather inclined to think they got a bit close on what the characters looked like. But the whole look and feel of the magazine has little to do with the movies look and feel so there is an argument to be made that there was no infringement. End result if Warner Brothers is concerned is to grant them a license for a deminimus fee so no one is injured. That would be a win-win solution.
Posted Feb 6, 2005 at 12:14 AM EST
Student
Points: 202
Potterfan77 says:
I hope nothing too bad comes of this. The soliders do need something to laugh about. The characters do look like the actors though, even if they say they don't.
Posted Feb 6, 2005 at 12:24 AM EST
Witch
Points: 696
quidditch_seeker says:
Are you kidding me? They should just leave it alone. It's a military, positive cartoon. It's not hurting anyone and it's not like the people involved don't have better things to do.
Posted Feb 6, 2005 at 12:25 AM EST
Muggle
Points: 28
Luna~~lovegood says:
Thats funny but positivly stupid, what will she gain out of that?
Posted Feb 6, 2005 at 12:39 AM EST
Crookshanks Caretaker
Points: 3836
hermionefan1 says:
Man, thats crazy that she is getting them for copy right infringment. I would be kinda pissed about the cartoon too. Oh well at least she dropped it so she doesn't add anymore stress.
Posted Feb 6, 2005 at 12:46 AM EST
Auror
Points: 2449
*starfox* says:
I don't think this should be a big deal unless the magazine is sold. If it's free so the soldiers will read it, then there shouldn't be any legal action. The characters do resemble the actors, I think they should at least own up to that part!
Posted Feb 6, 2005 at 12:48 AM EST
Witch
Points: 518
tonks06 says:
That's funny because I was wondering if they asked JKR for permisson when I was reading that article. Because they did practically copy her. I can't believe they said their characters looked nothing like JKR's! Snape and Dumbledore were like exactly the same! They should have been smart enough to ask her permission.
Posted Feb 6, 2005 at 1:18 AM EST
Witch
Points: 809
~Hermione <3's Ron~ says:
Wow, i don't think they meant any harm by the cartoon. That woul be cool if JK Rowling found out about the scam from this website! It is her number choice! I LOVE HPANA.COM!
mwa!
Posted Feb 6, 2005 at 1:29 AM EST
Squib
Points: 181
ArtStar16 says:
The U.S. Army should get off scotch free for this, because thanks to Larry Flynt, parody is protected by the first ammendment. So if the intent was to parody Harry Potter, then they were perfectly within the boundaries of the law to do so.
Posted Feb 6, 2005 at 1:37 AM EST
The Last Herald-Mage
Points: 2621
darrrrkwind says:
This is ridiculous. I mean, I see where JKR is coming from, but I think she also needs to take into account the purpose of this comic and be flattered that the US Army appreciated her work enough to even consider parodying it. It's not like it was some mass-marketing scheme to make tons of money; it was just something to brighten up the day of some soldiers. Does that really hurt anyone? It's not like she needs the money, either, especially with the impending release of book 6. I hope they just let this go. :-/
Posted Feb 6, 2005 at 1:43 AM EST
Wizard
Points: 864
emmasboy4ever says:
Wow tahst carzy,..hmm. oh well hope evrything turns out well..Emma rocks.!!:)
Posted Feb 6, 2005 at 1:44 AM EST
Wizard
Points: 760
Aberforth12358 says:
It is a parody and if these people get in trouble for it WB will have to go around nabbing everyone how are coming up with such spoofs and stuff.
Posted Feb 6, 2005 at 2:06 AM EST
Muggle
Points: 74
Hermione4 says:
Interesting. After having seen the scans, I definitely think they needed to ask permission to use the ideas/images etc. But at the same time, I hope they're not too hard on them. I could just be ignorant, but it seems like they used the ideas for a noble and harmless enough cause. Hmmm...
Posted Feb 6, 2005 at 2:14 AM EST
Muggle
Points: 6
crazykatie20 says:
Why am I not surprised? *Shakes head* I really hope there wasn't any copyright infringement. It's a lot of needless searching, money, and time. Ugh for J.K.
Posted Feb 6, 2005 at 2:40 AM EST
Order of Merlin, 3rd Class
Points: 1449
Phineas Gage says:
It seems a bit much for JKR and Warner bros to sue doesn't it? I mean its not as though the army was making any money out of it. I know nothing about internatonal law in this case but surely it's the artist they would sue as he/she drew them and earned money for it.
I'm not a big fan of the US military but the soldiers need a laugh now and again, is this really such a bad way to have it?
Posted Feb 6, 2005 at 3:15 AM EST
Professor
Points: 1127
Elrond says:
Oh dear we are in trouble! I guess it was thier decision to take the risk, too bad.
Posted Feb 6, 2005 at 3:17 AM EST
Eclipse Fairy
Points: 4434
luna13 says:
I think that they should have asked them first, they new that they probably would have been suspected for copyright.
Posted Feb 6, 2005 at 3:43 AM EST
Order of Merlin, 1st Class
Points: 1927
Ravenclaw Princess says:
MMM.
I've Thought about that before. That you know in you're mind that your doing something about something else, but you do wan't to make it seem like you are, so no one will accuse you as copyriting. I say just let it go. It happened.
~*Ria*~
Posted Feb 6, 2005 at 3:44 AM EST
Wizard
Points: 639
HARRY P0TTER says:
I didn't read the whole post but I was in the army many years ago when the magazine first started coming out. The magazine's only purpose is to encourage preventitive maintainence. Which is a HUGE issue to the army and a very critical part of being battle ready. The mag came out because soldiers always have down times where their bored and need something to do. The mags are readable unlike the regs and spec's manuals that the mag is based on. I always read them for the funny spoofs when I was bored.
JKR and WB can get off their stinking High Horses and recongnize that it a. is not for profit and b. is clearly a spoof. The truth is JKR and WB didn't pursue it because they don't dont have a case and they know it.
Posted Feb 6, 2005 at 4:27 AM EST
You Know Who
Points: 3006
Hurry Patter says:
Loosen up a bit, Jo. Where's your sense of humor? These guys did not do it for profit, though the person who did the drawings might have been paid for his efforts. I know that you are only protecting your rights but please do not let this go to courts. I think you and the army can talk this out amicably and let it not end up in threats and counter threats. I don't know if Warner Bros only see $$$$ when they see a semblance of infringement in anything, but it doesn't seem like you and be sensible Jo. Talk some sense to your lawyers.
Posted Feb 6, 2005 at 4:31 AM EST
The Chosen Hobbit
Points: 2447
Enisnitch Baggins says:
That pictures are so amusing. I hope the problem's not getting bigger.
Posted Feb 6, 2005 at 4:46 AM EST
Witch
Points: 849
Konkskäpp says:
The comics was funny.
I hope that it isn´t any problem for someone.
It was just a comics.
Posted Feb 6, 2005 at 6:14 AM EST
Muggle Representative
Points: 9117
The Lime says:
Haha!
Hmm... maybe JKR have been in HERE, and saw the pictures?? Wow!
Posted Feb 6, 2005 at 6:35 AM EST
Order of Merlin, 4th Class
Points: 1206
*Jinxed* says:
Hmmm... It's a bit of political correctness gone mad, really... I think that doing a spoof of JKR's work is actually complimenting her work, and it shows how widely read the HP books really are... can't people take a joke anymore? I hope no problems are caused by it!
Posted Feb 6, 2005 at 7:18 AM EST
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