J K Rowling is making an appearance in court this week in a case against Steve Vander Ark of the website HP Lexicon. Ordinarily, I wouldn’t feel this is something to post about, but I think it is a bad move on her part, and it will have a far-reaching impact on all websites and blogs discussing literature, as well as others. If Warner Brothers and JKR win the lawsuit, it will trash the fair use practices.
When I first heard about the situation, I thought that they had a fair case, but that it wasn’t really necessary. I believe Warner Brothers has the biggest beef with him, but since they also are making money off something they didn’t create (the Harry Potter name) it seems a bit ridiculous. The book Vander Ark wants to publish will not really impact sales of JKR’s encyclopedia and amounts to literary analysis, basically. Literary analysis is not illegal and should be encouraged since it usually increases sales not detracts from them. His website has in fact encouraged intelligent discussion, increasing the buzz about the series, and therefore, arguably, increasing sales. I thought before that he had a large number of quotes that he was using, but have since heard that is not so. The case is about his using names without permission, in other words branding, which is a huge can of worms that doesn’t need to be opened within the literary field. How can you do any literary analysis without using names?
Also, JKR has approved his website and met him personally. I do believe Vander Ark should have discussed the matter before signing a book deal, but it seems to me she could also have settled the matter out of court.
Don’t get me wrong. I love the Harry Potter books and movies. It doesn’t matter to me that she is making tons of money as is Warner Brothers. The publicity also doesn’t bother me, because mostly her interaction with her fans has been positive. But I think copyright claims are out of control and often petty. I think this reflects badly on her, and she may lose fans over it. I also think she was convinced by someone to go along with it, and I think she has the clout to say no and should have.
April 22nd, 2008 at 11:34 am
Well, 2 errors to fix. The case is against Vander Ark’s publisher because he asked for immunity in the book deal. Also, JKR claims that 90% of the book is taken directly from HP. If this is true, then Vander Ark should be required to do more of his own analysis. However, from the reports I’ve read it is not clear that he legally would have to do that for a reference such as his book is. Authors may not like it, but there have been other books like this published, such as for Lord of the Rings.
The argument has been made that JKR approved of HP Lexicon because it was free. But something that has not been mentioned is that Vander Ark may not be able to keep the site going indefinitely, and so wants to have it in print form. I cannot say I blame him for that or for wanting some compensation for the work he has done.
My strongest objection to this case is that if JKR and Warner Bros win it will be used as a precedent. Others will be attacked and will have to end their analysis (right or wrong), because they will not have the money to fight the suit. In the end, we all lose. The HP phenomenon is largely due to the internet. Less discussion will also mean less sales.
I was a little surprised by the melodrama coming from JKR. She allowed Warner Brothers to do movies, and there’s going to be a theme park. She has been incredibly lucky that her work has not been decimated by those decisions. I think when you agree to things like this (and accept the money for them), you lose some of your integrity as far as expressing concern about how your books are viewed.
April 28th, 2008 at 8:53 pm
Personally I’m going to wait until things shake out before commenting. Feels like something else is going on; but perhaps not. There is always something else that’s at the heart of the matter, that’s not brought out by the gossip of the blogs.
(Not that I support the decision. But I’m sitting back to see what happens and what information does come out of it all.)
April 28th, 2008 at 11:46 pm
I can understand wanting to wait and see. I would have also, except that I do believe a win for JKR and WB will impact people doing analysis, and I think that is wrong. I know there are other authors out there who would like much more protection (i.e. money) for their work. They may agree with the suit. But again, I think that Vander Ark’s book will not detract from the encyclopedia JKR wants to do. I doubt his book will sell all that well anyway. People will wait for hers, since she has new info to add. I think the best defense for authors is to make sure it is known who the original source is. People will go back to the original source. And books about the literature increase interest in the original.
The internet angle is a subject for concern. Publishers, record companies, etc are trying to limit fair use, and that would severely restrict the freedom so many have become accustomed to.