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SEPTEMBER 8, 2008 at 1:54 PM
Posted by CHEESER
Source: Various
The Harry Potter Lexicon book must halt publication, a U.S. judge ordered today, ruling in favor of author JK Rowling and Warner Bros. in their case against RDR Books.
U.S. district court judge Robert Patterson said
that Rowling proved the publication of Steve Vander Ark's unofficial Potter companion book, based off his web site of the same name, would case irreparable harm to the author.
The judge also said that RDR Books had "failed to establish an affirmative defense of fair use."
UPDATE: Here's the full text of the decision. Interesting tidbit: The court has ordered RDR Books to pay statutory damages of $750 for each of the seven novels and two companion books, for a total of $6,750.
UPDATE II: Rowling has issued the following statement:
"I took no pleasure at all in bringing legal action and am delighted that this issue has been resolved favourably," said J.K. Rowling. "I went to court to uphold the right of authors everywhere to protect their own original work. The court has upheld that right."
"The proposed book took an enormous amount of my work and added virtually no original commentary of its own. Now the court has ordered that it must not be published."
"Many books have been published which offer original insights into the world of Harry Potter. The Lexicon just is not one of them."
UPDATE III: Warner Bros. has issued the following statement:
"We are obviously pleased with today's ruling by Judge Patterson supporting the position that the proposed lexicon book infringes on Ms. Rowling's rights. As a content company, it is imperative that we work vigorously on all fronts to protect the intellectual property rights of those who create the stories and characters, words, pictures and music that entertain and benefit the worldwide audience."
UPDATE IV: RDR Books has issued the following statement:
"We are encouraged by the fact the Court recognized that as a general matter authors do not have the right to stop the publication of reference guides and companion books about literary works. As for the Lexicon, we are obviously disappointed with the result, and RDR is considering all of its options."
UPDATE V: Steve Vander Ark told the Grand Rapids Press in Michigan (near where he grew up):
"I've always been a fan of Harry Potter and of Rowling and my hope all along was that we'd find an amicable way to settle this. I'm disappointed, but this is the way it went and I don't hold any ill will at all. It was a question of law over a difference of opinion and, in a way, I'm glad that it's finally over."
UPDATE VI: The Center for Internet and Society at Stanford Law School, which helped RDR Books defend their case, wrote on their web site:
Needless to say we're disappointed, as is our client, RDR Books. Careful and thoughtful as the decision is, we think it's wrong. So stay tuned to see where we go from here. In the meantime, thank Roger Rapoport, the Publisher of RDR Books for having the courage to stand up for free speech and fair use. He fought a fight that not many would have the stomach to fight, and we are proud to fight with him.
While you're at it, thank Steve Vander Ark. It's not easy to stand up to your hero, or bear the unjustified scorn of your fellow fans.
Finally, remember that avada kedavra -- the killing curse -- is not always fatal. One wizard survived it. Three times. And it was he who cast the spell (and won't be named here) that ultimately suffered for it. Maybe someday the Lexicon will be known as The Book That Lived.
Some choice highlights from the opinion:
There is no dispute that the Lexicon actually copied from Rowling's copyrighted works. Vander Ark openly admitted that he created and updated the content of the Lexicon by taking notes while reading the Harry Potter books and by using without authorization scanned, electronic copies of the Harry Potter novels and companion books.
[...]
Plaintiffs have shown that the Lexicon copies a sufficient quantity of the Harry Potter series to support finding a substantial similarity between the Lexicon and Rowling's novels.The Lexicon draws 450 manuscript pages worth of material primarily from the 4,100-page Harry Potter series.
The full opinion (PDF) breaks down the decision into the following sections:
More as this story develops.
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Witch
Points: 670
draconifors says:
Best news i have herd scince the HBP movie change!!!!!yay
Posted Sep 9, 2008 at 1:38 AM EST
Order of Merlin, 1st Class
Points: 1862
Bright Eyes says:
A non-profit website is one thing, a profitable book is another.
Posted Sep 9, 2008 at 4:31 AM EST
Witch
Points: 503
Twilight princess midna says:
Yay go J.K! I'm finally glad it's over.
Posted Sep 9, 2008 at 4:52 AM EST
Muggle
Points: 53
skee says:
Now that she has killed the Lexicon, I am awaiting a publication release date from herself or her publisher. Dont hold your breath people.
Posted Sep 9, 2008 at 9:27 AM EST
Head Girl
Points: 435
Scarlet Snow says:
Just goes to show you can't mess with JK. As much as I'd like to read a HP Lexicon, I'm glad nobody's stealing her stuff.
Posted Sep 9, 2008 at 11:30 AM EST
Squib
Points: 103
GryffindorPride1007 says:
Way to go, Jo!
I'm so pleased that she won this case. She shouldn't have went through that. He should have had the decency to not even try to publish his website through a book. All in all, I'm very pleased with the outcome.
Posted Sep 9, 2008 at 12:35 PM EST
Kathe Mera Kalimera
Points: 7720
dominor says:
I was once told that JKR would write a book that would contain information about evey character and everything in general that we read in the 7 books, is that rumor true or what?
Posted Sep 9, 2008 at 3:01 PM EST
Prime Hunter
Points: 4332
Orbster says:
I'm so glad that effer is not getting what he wants! As if he can steal her hard work of 17 years!
Posted Sep 9, 2008 at 9:34 PM EST
Order of Merlin, 2nd Class
(Moderator)
Points: 1687
jones_jj says:
It's good to see that this has finally come to a close. I'm glad that the judge sided with JKR and not the author of the lexicon. The people writing the lexicon should have known better honestly, and so should their publisher.
Posted Sep 9, 2008 at 10:24 PM EST
Auror
Points: 2621
hbluvhp says:
I am so glad to hear the verdict in this case. Score one for authors and their ability to maintain ownership of the things that they created through their own hardwork, creativity, and ingenuity! HP belongs to JK Rowling and thats not something to be disputed!
Posted Sep 10, 2008 at 9:22 PM EST
Witch
Points: 819
accio_kim says:
Very good news, now I can't wait for JK to release her encyclopedia!
Posted Sep 11, 2008 at 1:13 AM EST
Wizard
Points: 874
Silly Dragon says:
I like the Lexicon for its ease of use and wealth of information. No doubt Vander Ark and his team have provided readers with an excellent on-line Harry Potter database, a most convenient tool for reference or (re-)discovery of the Potter world. Free and unlimited access to the database contributes, of course, to the site's efficiency and success. The project of a companion book is easily understandable, less so, at first sight, the complaints of J.K. and editors regarding copyright infringement or the validity of a printed version of the Lexicon. Many similar guides have been published, without raising such controversy. The Lexicon, however, is intended as an encyclopaedia, focusing on exhaustivity rather than analytical study. The decision mentions that the printed Lexicon is to contain less information, and, like the site, many direct quotations from the books. This shortened version of the Lexicon woud not do justice to its author's work in gathering information from the books, and if the encyclopedia is to be sold, better standard may be expected in terms of content. I fear the publication of the Lexicon might result in a second-rate companion, spoiled by merchandisation and a ridiculous 'competition' with J.K. Vander Ark may have the talent to write a reliable guide, but the Lexicon is still better online.
Posted Sep 11, 2008 at 8:08 AM EST
I Am Queen of My Castle
Points: 3639
Hecate3fold says:
I'm really disappointed that it went this way. I was hoping for an agreement where both sides would benefit.
I don't think it's over yet either. From what I read, all Van Ark would have to do is go through the entire book and add his comments to everything that he printed from her books. If I read it right that would make it as acceptable as all the other books out there, some of which I have.
What has bothered me all along is the fact the WB has had it's big ugly nose right in the middle of this whole thing. It should have been stricktly between the two authors. Could it be that the bottom line of their involvement was 'money'? I'd bet on it. I have NO trust when it comes to anything WB does.
Blessings! Hecate3fold!
Posted Sep 12, 2008 at 12:22 AM EST
Antipodean Snow Goddess
Points: 3070
Tikihaha says:
Great - now that this is all over - HURRY-UP AND WRITE YOUR OWN HARRY POTTER ENCYCLOPEDIA, JO!!!!
Just please, please, don't relegate your years of notes, character files, timelines and everything else to the bin!!
Posted Sep 12, 2008 at 4:06 AM EST
Auror
Points: 3647
Anastasia Popovick says:
Wow! That is good news. I wanted nothing to do with that book anyway. Happy it ended this way, as it should have ended.
Posted Sep 12, 2008 at 10:49 AM EST
Muggle
Points: 28
Snapes Gal says:
I am happy that the letter of the law was upheld with regards to authors rights to their material. However, JK herself approved of the web site all along and the material contained there. I sure she was well aware of what the Lexicon contained. Why not let him publish it. Who's going to refuse to buy anything that SHE puts out just because they purchased this book first. After all Jo, HOW MANY BILLIONS DO YOU NEED TO BE TRULY HAPPY?
Posted Sep 12, 2008 at 4:16 PM EST
Delusional Army Soldier
Points: 4393
ILoveHP! says:
I'm glad that J.K. has won the case and I agree with the Judge's decision. Congrats J.K.!
At the same time I applaud Steve for being a sport and accepting the decision. :)
Posted Sep 13, 2008 at 4:03 AM EST
Auror
Points: 2050
Feelin' Felix Felicis says:
I think it's sad. If the Lexicon had been published, I would have bought it. I love the Lexicon and I consult it on an almost daily basis. He gives us all the insight and info we need not to mention opinions and essays from other fans. Steve Vander Ark always gave credit to JK Rowling and acknowledged that it was her work. I believe Rowling sued because Vander Ark was publishing the Lexicon before her encyclopedia. Potter fans are hungry for things like this. Who knows when Rowling will publish her encyclopedia, we may have to wait 10 years for that.
Posted Sep 26, 2008 at 2:14 PM EST
Rickmaniac to the Core
Points: 2564
snaily says:
I'm glad it's finally over. But other than that I really don't know how to react. I was torn between supporting both the parties. They're right in their respective ways.
Posted Oct 1, 2008 at 1:48 PM EST
Squib
Points: 131
DonnaK says:
Well I think that it is a fair ruling. I look at the lexicon online often but any money they make is advertising. They allow for essays and other works that do not belong to JKR but are based on her work, such as the discussion on this site. As far as I know they books will not include these essays and such so all profits will be based on JKR's work.
Posted Oct 19, 2008 at 12:59 AM EST
Prefect
Points: 317
Basilina says:
I'm not sure if this is old news, but today I was in Barnes and Noble and I saw the Lexicon by Steve Vander Ark sitting on the Harry Potter table. Needless to say I was extremely angry because the last thing I heard was that it was not supposed to be published. I then promptly covered it up with a copy of "Tales of Beedle the Bard" and a cat.
Posted Jul 18, 2009 at 9:50 PM EST
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