What's up with JK Rowling and Harry Potter Lexicon?
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Update: JK Rowling wins case
JK Rowling has won the case she and Warner Bros brought against Steve Vander Ark and RDR Books. The presiding judge, Robert Patterson, ruled in favour of the Harry Potter author and blocked the publication of the print version of Vander Ark's Lexicon. Judge Patterson agreed that the proposed reference book "...appropriate[d] too much of Rowling's creative work..." without adding original commentary of value.
JK Rowling and Warner Bros sue Vander Ark and RDR Books
JK Rowling testified in New York in the court case she and Warner Bros brought against Steve Vander Ark of Harry Potter Lexicon and RDR Books.
The successful lawsuit was to prevent the publication of an encyclopedia of the Harry Potter universe for profit, an act that Rowling says is direct theft of her copyright and a violation of her right to publish her own encyclopedia for charity.
- Harry Potter author testifies in lawsuit
J.K. Rowling said Monday that her efforts to halt a publisher's Harry Potter lexicon have been crushing her creativity.
Judge imposes restraining order on Lexicon book
In early November 2007, the publishers of a print version of the Harry Potter Lexicon website were restricted from continuing with the publication of the book until February 2008.
Vander Ark and RDR Books refused to see sense and Rowling was forced to go ahead with the lawsuit. Because Rowling intends to publish her own Harry Potter encyclopedia, Vander Ark's book would conflict with her interests as the original author of Harry Potter.
What's this all about? Read on.
Harry Potter Lexicon
The Harry Potter Lexicon is a Harry Potter fan website created by Steve Vander Ark in 2000. It is one of the most comprehensive encyclopedic Potter fan sites on the Internet, and in 2004 JK Rowling awarded the Harry Potter Lexicon a fansite of the year award together with three other sites.
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Capitalising on Rowling's universe
With the release of the final Harry Potter book, Deathly Hallows, fans encouraged Steve Vander Ark to offer the information on the Harry Potter Lexicon in printed format. RDR Books agreed to publish the Lexicon.
Despite good virtual relations between JK Rowling and the electronic Harry Potter Lexicon, she and Warner Bros decided to file a complaint regarding the publication of the print version when they were informed about it.
As Jo said on her website, "It is not reasonable, or legal, for anybody, fan or otherwise, to take an author's hard work, re-organize their characters and plots, and sell them for their own commercial gain. However much an individual claims to love somebody else's work, it does not become theirs to sell."
Why a Harry Potter encyclopedia is not Fair Use
In the first "anti-JK" link below under "Others don't agree", the blogger claims that millions of reference books abound in libraries related to the fictional universes of authors.
However, what this blogger has failed to take into consideration is that every author has the exclusive right under their copyright to create derivative works of their own work.
Steve Vander Ark is breeching JK Rowling's copyright by publishing something that she wanted to publish herself. Vander Ark's use of Rowling's material is not Fair Use because he has simply rearranged Rowling's material into categories, without adding any original commentary of his own. It is not his work, but a collection of Rowling's work. This is the issue at stake.
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Further explanation on fair use and derivative works
- Creating derivative works from another author's writing
Why certain derivative works and fan fiction are a breech of the original author's copyright.
- JK Rowling vs Lexicon
Read JK Rowling's stance regarding the Lexicon issue on her website.
Latest news
- Judge blocks 'Harry Potter Lexicon'
As Rowling now sees it, her kindness to fans by encouraging fan sites might come back to haunt her. It seems she will be forced to go through with the lawsuit to protect her interests. - JKR/WB vs RDR Books Trial: Statements Regarding Ruling
Statements from JK Rowling, Warner Bros, and RDR Books regarding the ruling in Rowling's favour. - JKR/WB vs. RDR Books Trial: JKR Wins Copyright Case
Judge rules in favour of JK Rowling and Warner Bros. - Harry Potter case brings the law into Internet Age
J.K. Rowling is locked in a courtroom fight not with an evil wizard but with one of her biggest fans, a former librarian from Michigan named Steven Vander Ark.
Others don't agree with Rowling's decision (they've obviously never written fiction themselves)
- J.K. Rowling sues to stop Harry Potter Lexicon - U.S. business - MSNBC.com
Author J.K. Rowling and the maker of the Harry Potter films are suing a small publisher in Michigan over its plans to release a book version of a popular Web site dedicated to the boy wizard. - JK Rowling Sues Steve Vander Ark | SpinnersCast
JKR Doesn't Play Around. I think that's the lesson we've all learned from this latest lawsuit filed by J.K. Rowling, and Warner Brothers against RDR Books.
Enough of this seriousness - visit the Harry Potter Fun & Games Headquarters
- Harry Potter Fun & Games Headquarters
Looking for some ideas for Harry Potter themed kids' parties and Halloween costumes? Find all the Harry Potter Fun Stuff, Costumes, Merchandise, and Games information here!
Content copyright © Elsa Neal, 2007-2011. All rights reserved.
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I've added a link above to an article I wrote which may help to explain the fair use/derivative work issue a bit better (Further explanation on fair use and derivative works)
It's interesting how many other fandoms have allowed derivative works to be created. And it's hard to say J.K. is really being a stick in the mud since she has said she wants to create her own lexicon and donate all the proceeds to charity. In the end, her lexicon would draw millions of dollars for thousands, whereas the fan-created lexicon would only benefit a handful of folks.
Most of the fans I know support JKR in this argument. The Lexicon is a tremendously useful resource, but it is little more than a reorganization of Rowling's work. Large sections of it are quoted more or less verbatim from the books. Many of the published "guidebooks" to Narnia and Middle earth, for example, include extensive analysis or outside research into the real world influences of the text. What little analysis the Lexicon provides is mostly through essays written by people OTHER than Steve Vander Ark, essays which he planned to include in the published book without consulting or crediting the original authors. It's on this last point that he really lost the support of a large chuck of the fandom.
A lot of us are keeping an eye on this situation because of the fair use implications, but in general, fanfiction is original work based on characters or scenarios created by JKR, etc. It does not directly quote large sections of text and it is not published for profit (not without the permission of the copyright holder anyway). It in no way compares to what Vander Ark was trying to do.
Absolutely. Also, Jo has a ton of notes that she's made while writing the books that have never been made available to Steve Vander Ark or anyone else (except for the fun pieces that were featured as extra content on her website). The best person to compile a lexicon is Jo herself, or someone she nominates and gives all her material to and liaises with while it is being produced.
Sorry but JKR is a half-ways talented author. Once the hype is done the writing itself is really not average and not that original: LOR-Hobbit: ring wraiths,the giant spider, the ring possesing the wearer, dementors Hagrids spider and the locket possesing HP. Also the old HBO special about the school for withches. Other than a few cute names her books have way two many flash backs and the first 4 books were rather boring the characters have no depth at all. JKR owes WB a great many thanks for the fame of HP because the movie version both concepts and ideas are better.
There are only 36 basic plots available to any author - so, no, nobody is claiming that JK Rowling's Harry Potter is the most original story out there. Lord of the Rings was inspired by Wagner's Der Ring des Nibelungen - every story has precedent. Jo Rowling overwrites and under-edits, but despite that she tells an enjoyable story that taps into themes and elements that speak to her readers.
Except for caricatured characters like Uncle Vernon, Rowling's characters have a great deal of depth to them - more depth than many fantasy books written for this age group. Just think of the complex motivation behind Snape, Aunt Petunia, Dumbledore, and Neville, for example.
As for the movies - of course they have promoted the fame of HP. Movies open up an entirely new audience for the story, many of whom go back to read the books afterwards. And it is easier to capture attention with visuals than written blurbs.
Great hub, daoine. The big thing here is that Vander Ark did not ask for perimission and JKR did not grant it. Had Vander Ark asked for permission first, this would not have gone as far! Kerryg, those encyclopedia were fine and ligit and went smoothly in the publication process. One of the conflicting with all of this as with most things is money. Vander Ark most likely didn't want to give JKR her slice of the pie.
Thank you Dohn121.
On the point about asking permission: it seems to me that Vander Ark suspected that permission wouldn't be granted therefore he decided not to ask formally and instead chose the "Oops, I thought you would approve" line because JKR had already endorsed his fan website. He was hoping for just a slap on the wrist and a "don't do it again", but to be allowed to go ahead with what he had started.
Fan ficition is a breach of copyright, definitely, but as long as the writer allows it there's certainly nothing wrong with it so long as the fan fiction writer does not make any financial gain off of it.
I remember reading this on Rowling's website and I felt for her that she seemed hurt by Vander Ark's actions. I always liked the Lexicon and the essays and articles you could find there but I was opposed to them publishing it.
The only thing I hate is that publishing the Lexicon is illegal but if you went to Borders the week before Deathly Hollows was released you would find a ton of books entitled "Why Snape is Evil" and "Why Harry Will Die" and other such works.
I wonder if Rowling will get into any entanglements with Borders bookstore since those books were basically derivative of her work as well.
I've always wondered exactly what this lawsuit was about. Thank you for clearing this up for me. This hub was very informative and I hope to follow more of your publications at a later date.
Thank you Jarrod.
I think J.K.r. will have to use Vander Ark's work in order to produce her own. It is notable that the work she says she had in progress in 2008 is still not out yet.
The Lexicon has been useful to thousands of people, and the print version is just an expansion of that. I'm glad he redid the Lexicon and put it into a publishable form. How many long years after the series' end are we supposed to wait with bated breath before Ms. Rowling gets around to all this HP stuff she says she is working on? Vander Ark had it finished already; at least, he had finished the hardest part, all the classifying and organizational stuff. Clearly, it was not so difficult to preserve a useful tool and remove all the stuff she found objectionable.
I'm just surmising here, as I can't speak for JKR obviously, but if this were me I might feel a bit sour about trying to put together something after someone had already stolen it from me and made me go through a lawsuit to stop it. I think it is perfectly understandable that she might not feel like working on an encyclopedia and may be trying to come up with a different angle to it or something completely different so that it doesn't get associated with this mess.
She has every right to be livid, actually.
Vander Ark could just as easily have spent his time writing original commentary on the HP universe and saved himself and Rowling a lot of difficulty. But that would have involved some work of his own rather than just classifying and organizing someone else's.
Personally, I'm not waiting for anything with bated breath. The series is complete. Rowling has said she is finished. If she does decide to produce anything else in the HP universe (like Beedle the Bard) then it will be a bonus and not something the fans are left waiting for. And it will likely be for charity, I'm sure.
Kenny Wordsmith Level 1 Commenter 4 years ago
Hmmm I don't have a stand on either platform. I'm confused.