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Lexicon owner "talked into doing it by the publishing company" 
APRIL 15, 2008 at 2:20 PM
Posted by GERI
Source: USA Today
To add to our previous post on the court case currently taking place in New York between Harry Potter author J.K. Rowling, Warner Bros. and RDR Books, comes news
that the author of the book in question told the court that "he was talked into doing it by the publishing company" and that "it's been difficult because there has been a lot of criticism, obviously, and that was never the intention."
The case, which aims to permanently prevent publication of the Harry Potter Lexicon, which Mr. Steve Vander Ark and RDR Books had sought to publish last fall, should continue for the rest of the week before Judge Robert P. Patterson.
More coverage from today's events can be found here.
UPDATE: MTV has posted a great description as to what this case is really about - what is basis for doctrine of fair use.
UPDAATE II: A statement was issued this evening about today's events:
A fan's affectionate enthusiasm should not obscure acts of plagiarism. The publishers knew what they were doing. The problem remains that the Lexicon takes an enormous amount of Ms. Rowling's work and adds virtually no original commentary of its own. As we've said in court, it takes too much and adds too little. Authors have a duty to prevent the exploitation of their works by people who contribute nothing original, creative or interpretive.
UPDATE III: You can read additional information from today's testimony here courtesy of TLC.
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Order of Merlin, 3rd Class
Points: 1513
BB_Sectumsempra says:
That is wierd. I think it is only right that they do not publish that book, it is J.K. Rowlings work that they are trying to publish.
Posted Apr 15, 2008 at 3:19 PM EST
Order of Merlin, 4th Class
Points: 1326
Brianna Huckpuck says:
Oh please. They didn't just talk him into it. They bribed him into it. With money.
Just drop the case now, kid. You're making an *** of yourself.
Posted Apr 15, 2008 at 4:55 PM EST
Wizard
Points: 691
Mr. Harry James Potter says:
Dude this guy is so mean. JK Rowling spent 10 years on those books and he's taking her rights.
Posted Apr 15, 2008 at 4:58 PM EST
Mrs. Draco Malfoy
Points: 25392
Arika Granger Malfoy says:
Blah this whole thing is so depressing. Steve should have known that something like this would happen and not done it. Or should have consulted with JKR or WB first or something.....
blargh
Posted Apr 15, 2008 at 5:00 PM EST
Keeper of Harry's Fate
Points: 8074
TheOneWhoMustBeNamed says:
Interesting comments. My guess is he entered into a contract and could not pull out unless stopped by the court. Difficult position to be in for all.
Posted Apr 15, 2008 at 5:18 PM EST
Student
Points: 260
PatiGWBlack says:
If he wins, the only thing we can do for JK is not buy the book! I won't buy it! I want JK's encyclopedia!
Oh!Sorry about my english! I'm from Brazil!
Posted Apr 15, 2008 at 5:18 PM EST
Squib
Points: 166
ShadowCate says:
Give us a break! How can a 50 year old man with any self respect claim that "he was talked into it by the publishing company"? The publishing company must have offered a tidy sum of $ to get SVA to sell his soul!
It should never have gotten this far because there is no way around it ... SVA is WRONG!
Posted Apr 15, 2008 at 5:28 PM EST
Witch
Points: 614
Harry_Hermoine_Fanz says:
I don't believe what he said. What he said is just like trash. No offence, but I feel bad for Jo. She was working on the series for a long time, and everyone liked it.
Posted Apr 15, 2008 at 6:15 PM EST
Order of Merlin, 1st Class
Points: 1984
JAYSTARR says:
This is all about rights...JKR should work with Ark instead of taking actions. Harry Potter is hers or was because she sold the rights to Warner Brothers, and Fans alike knows this, like myself. But, she has closed her books, and IF, it is going to take JKR three years to write her encyclopedia. Then she should work with Ark to speed it up....
Posted Apr 15, 2008 at 6:39 PM EST
Sirius's Veil Thrower
Points: 4402
SiriusBlacksGodDaughter says:
This is crazy. This whole thing is getting way out of hand.
~Drish~
Posted Apr 15, 2008 at 6:53 PM EST
Antipodean Snow Goddess
Points: 2773
Tikihaha says:
I can see how a book publishing company would do that ... they would see a successful website, and then try anything to cash-in on the Harry Potter success - dragging Steve Vander Ark into the mess.
Although ... he does keep saying how he is such an expert ... it will be interesting to hear the judge's take on this matter.
Posted Apr 15, 2008 at 6:55 PM EST
Student
Points: 201
Artep says:
I have to comment on this. I donot think JK should have sued the poor man... he is a big fan of Harry and meant no harm. She should have spoken to him sternly about not going through with it. He was crying in court. I feel sorry for him. This went too far.
Posted Apr 15, 2008 at 7:07 PM EST
Muggle
Points: 61
ameryth74 says:
Oh my god... He was crying in court?!? I can believe he would be very upset by this, since Jo was a big supporter of his site and all, and now everything has turned ugly... it's like an HP fan's worst nightmare... having Jo mad at you... I agree with the poster above that it's entirely possible he entered into the contract (albeit hastily) and then was stuck once objections were raised... but the crying thing... yikes... I have an overactive empathy gland and that just makes me want to cry for him... the whole thing is just sad now... make it stop...
Posted Apr 15, 2008 at 7:55 PM EST
Head Girl
Points: 456
*Wonder Witch* says:
This is getting really crazy! He was talked into it? Well don't listen! If he just asked J.K this whole think wouldn't have happened!
Posted Apr 15, 2008 at 8:40 PM EST
Auror
Points: 2455
hbluvhp says:
Sob story! Ugg... I just can't stand when people say that they've been talked into something by someone else. Lame! Sorry, I'm kind of grumpy tonight and this post is getting the brunt of it!
Posted Apr 15, 2008 at 9:07 PM EST
Auror
Points: 2349
Hecate3fold says:
The only one who is right so far is the judge.
This can be settled but I feel it should be between SVA and JKR and not the movie studio and the publishing company.
Blessings! Hecate3fold!
Posted Apr 15, 2008 at 11:35 PM EST
Order of Merlin, 3rd Class
Points: 1589
Bright Eyes says:
Gosh, it just keeps going, doesn't it!
Posted Apr 16, 2008 at 2:09 AM EST
Student
Points: 236
NicoleHalliwell says:
I honestly do not understand him! He knew in the past that Jo was going to make the encyclopedia. When he made his site, he actually convinced a fan not to make one. If I remember correctly reading about the case in the past that he told Jo he would never attempt to make one.
I'm sorry, but he did this to himself. He knew what he was doing and he could have pervented this.
I'm just really sad for Jo. All I know is that I do not want to see an eighty year old Jo still going to court. It is absolutely ridiculous now.
Posted Apr 16, 2008 at 2:12 AM EST
Head Girl
Points: 458
accio_kim says:
It's so sad because he is a fan too, but I can understand the opposition.
Hope's it's settled soon, JK.
Posted Apr 16, 2008 at 5:05 AM EST
Squib
Points: 141
Madam Marsh says:
First fact: JKR is suing the publisher, not Steve VanderArk. There is a clause in his contract that he could not be sued personally or held financially responsible for the publication of the Lexicon. This stems from Steve's own belief that the work might constitute copyright infringement.
Second fact: Plagiarism is the attempt to pass off someone else's written work as your own. I'm not sure JKR has used this specific word to describe the book in question, but Warner Brothers Entertainment has used this specific word to describe it. I dont have to see word one of the proposed book to know that Steve V. is not a plagiarist. A devoted fan with the (until recently) blessing of the author herself, wouldn't and also couldn't attempt such a thing.
Based on these two facts, and others, here is my opinion. There is likely some basis for the actual claim of copyright infringement (not the same as plagiarism, which WB can only be invoking to stir things up) if, as I understand it, neither Steve V. nor the publisher attempted to obtain permission from JKR or her publishers to reprint passages from the HP books in the Lexicon. In the case of Steve V., the project was clearly a work of love and effort, as were JKR's books. On the part of the publisher, it was either crass and greedy or sloppy business practice or both.
I don't know Steve personally, but from what I've read of him, I doubt that HE had dollar signs in his eyes. It sounds as if he agreed to the book deal against his better judgment and was naturally also exited at the prospect of having his labor of love converted to book form. His relations with JKR in the past had been more than cordial and probably he expected, with some reservations, that she would welcome yet another scholarly work on her characters and plots. The library and bookstore shelves are full of such volumes. See The Magical Worlds of Harry Potter, for example. The copyright page of this book, by the way, says, "This book is not affiliated with or endorsed by J K Rowling or any of her publishers or licensees. It does not imply or claim any rights to her characters or creations. But it is still a ton of fun." This book contains some passages from the HP books, but none very long or in very great quantity. It mostly explores the literary an mythological and historic sources of elements used by JKR in her books. So I don't know where the line is drawn between fair use and infringement, but chances are Steve V. ultimately believed his work to constitute fair use. It would have been better, in retrospect, as he surely feels now, to discuss the Lexicon with her and her representatives to get their views on it.
But they didn't and JKR has seen fit to "rage and storm" (JKR's words in more than one passage--will she go after me next?) over this flagrant misappropriation of her twenty years' labor, to the point of writer's block, sleeplesness and I don't know what all.
It seems to me that it would have been less stressful for her as well as for him and everybody else, if she had talked to him personally and sat down with him and the respective publishers and maybe a lawyer or two and talked together like civilized adults interested in reaching an agreement beneficial to all, rather than getting all litigious and raining thunder and lightning upon them and us. Ultimately BOTH books, his Lexicon and her Encyclopedia, would have been blockbuster sellers and everybody could have made money and been happy.
But, as the dead, vengeful rock star Sammi Curr says in the underappreciated 80s horror flick Trick or Treat, "You should be loyal to your heroes. They can turn on you."
It remains to be seen how much loyalty will satisfy the Queen. Will she next cry, "Off with their heads!"?
lexicon
Posted Apr 16, 2008 at 11:51 AM EST
Auror
Points: 2507
Mystique says:
Oh please, i'm perfectly sure that he knew what he was doing. Clearly, he and the publishers are trying to cash in, becuase they know the fans, will be desperate for some new published work about harry and his world.
Posted Apr 16, 2008 at 12:45 PM EST
Points: 7828
Rococoed says:
I wish he had been prudent enough, upon receiving the suggestion from RDR Books of publishing such a book, to have consulted impartial lawyers not involved in any way with the company. Had he done so, none of this may have unfolded, and he could have been spared such a shame.
Obviously, though, he was eager to secure a quick buck.
Posted Apr 16, 2008 at 1:36 PM EST
Order of Merlin, 3rd Class
Points: 1535
~Harry's true love~ says:
It's really hard to belive that all they had to do was talk him into it. Any right minded person would have wanted more for it because of all the risky business he was getting himself into.
Posted Apr 16, 2008 at 2:57 PM EST
Auror
Points: 2656
Grintster says:
I'm becoming more and more convinced that this is just another move to put the HP series back in the headlines. What could have been settled quietly, and possibly worked on together, has been dragged into the courts and made so much fuss on.
Posted Apr 16, 2008 at 8:54 PM EST
Lady of the Rings
Points: 4042
Padfoot4387 says:
I know that plagiarism is wrong, but I just wish that the Steve Vander Ark guy didn't have to get sued. I've been on his hp-lexicon sites a bunch of times, and it's one of my favorites of the HP sites out there. But I do understand that JK Rowling does need to protect her creation.
Posted Apr 16, 2008 at 8:59 PM EST
Auror
Points: 2071
phoenix_feathers says:
This is so obviously unfair! If the judge allows the Lexicon to be published, etc., fans will be most disgruntled, I believe. It is just horrible to think that somebody would take Jo's work and try to publish it- whatever is the purpose?
Posted Apr 17, 2008 at 12:13 AM EST
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