The creator of the world of witches is now at the receiving end of a spell that has been cast upon her intellectual property rights. J.K. Rowling bewailed the publication of an encyclopedia by a "former fan" based on the Harry Potter bestseller series that have sold 400 million copies worldwide. Arguing that the Harry Potter Lexicon is a rip off for financial gain that will unduly exploit her, she has taken legal action against Steve Vander Ark and the publisher, RDR books.
Lawyers for the publisher countered that the encyclopedia is a legitimate literary
activity, like a reference book, or a guide to literature, that is a long recognized genre. The lawyers are stretching their argument too thinly and without legal grounding. Using the creations of a writer without permission or expressed approval is in itself a violation; to sell the finished product for obvious profitable gain makes it even worse. The enthusiasm and earnest devotion of a fan has been corrupted for capitalist exploitation and greed, and the former fan will now receive his comeuppance from a woman scorned; like no hell he has ever experienced nor read in any of the Harry Potter books he so dearly loves. He may eternally regret entering the Chamber of Secrets..
The bewitched Hogwarts fan now faces the predicament of being the Prisoner of Azkaban and losing all connections to the witch's world he has been so much attached to, as well as to the real world where he could lose his pants in the process. And the master creator of all this sorcery will let him drink from the Goblet of Fire, before sending him off to the Deathly Hallows; then entomb him in a spell cast and carved in the Sorcerer's Stone.
Haaarrrrwwwk...Twoooooph...Ting!
Lawyers for the publisher countered that the encyclopedia is a legitimate literary
activity, like a reference book, or a guide to literature, that is a long recognized genre. The lawyers are stretching their argument too thinly and without legal grounding. Using the creations of a writer without permission or expressed approval is in itself a violation; to sell the finished product for obvious profitable gain makes it even worse. The enthusiasm and earnest devotion of a fan has been corrupted for capitalist exploitation and greed, and the former fan will now receive his comeuppance from a woman scorned; like no hell he has ever experienced nor read in any of the Harry Potter books he so dearly loves. He may eternally regret entering the Chamber of Secrets..
The bewitched Hogwarts fan now faces the predicament of being the Prisoner of Azkaban and losing all connections to the witch's world he has been so much attached to, as well as to the real world where he could lose his pants in the process. And the master creator of all this sorcery will let him drink from the Goblet of Fire, before sending him off to the Deathly Hallows; then entomb him in a spell cast and carved in the Sorcerer's Stone.Haaarrrrwwwk...Twoooooph...Ting!
12 comments:
You better have your i's dotted and t's crossed when you venture into the land of Potter. My guess is this will probably settle, but JK's gonna be on the winning side of this little shindig....
T
Hi Tommy,
I'll take the cue from you, but I doubt if I will be at the receiving end of anything from her.
If ever, she should send me a thank you note for all those books of hers I bought in several copies, for all my nephews and nieces.
But I read all of them too in order to relate to these little witchy relatives of mine. They even engage me in debates about it. Drive safely.--Durano, done!
Yes, JK will be on the winning side and will want this to send a message to anyone who might try something similar with another author.
I've never read any of the books or seen the movies. Maybe I should.
Debbie Hamilton
Right Truth
It's hard for me to judge because I understand both sides. Yet, I think the fan had the right to create something too... it doesn't look like he ripped off her work.
Oh well, who knows? I just don't like excessive copyright laws, like with Disney.
oh dear ..the poor fellow has done his dash ...
perhaps the Harry Potter producers may turn the story into a film so the saga may continue on :)
great post Durano!!
Hi Debbie,
Thanks for the visit. I know this subject is terribly so out of sync with your present concerns.
She has the fans and she has the money. All that clout will make her a winner in this case. I just hope she doesn't ask for too much because it might turn off her fans and admirers. Although I read all her books (to keep in step with my nephews and nieces) I'm not a fan at all.
Thanks for the visit. --Durano, done!
Hi Zhu,
The fan had the right intention, to help other fans and future readers of the books grasp fully the scale and scope of the Hogwarts world and its external habitat. All these were based on the books and was tolerated, I suppose.
However, publishing in print and selling for financial gain, based on the creation of others was over the line. I think the website author was corrupted somehow.
But I can appreciate your point about some copyright laws being too stringent and downright selfish. It violates freedom of information sharing and enjoyment for its own sake. Take care. --Durano, done!
Hello Kim,
A film! Yes! We can select from among the following titles:
Harry Potter and the Brainless Thieves
Harry Potter and the Sorcerer's Secrets
Harry Potter and the Brain Dead Bloodsuckers
Harry Potter and the Fortunes of the Unfortunate Plagiarists
Or we can make it a little controversial with:
Harry's Pot and the Intoxicating Smoke of Profit. :-)
I think I'll be the next one to be sued by JK for this. Then I'll be famous and will attract the Papparazzi. :-)
Thanks for your presence, the award, and congratulations in advance for being #1. --Durano, done!
haha Durano
I think they are all excellent titles !!
though I think Harry Potter and the Brain Dead Bloodsuckers has a nice ring to it...
I'll be keeping my fingers crosses that JKR doesn't find your blog...
here's hoping the papparazzi DO !!
Hello Kim,
Thanks for the vote of confidence. I'd hate the papparazzi finding out about me. They would dig up all my blog posts and expose the angel in this little devil. LOL!
Maybe I'll write a story like JRR Tolkien that's related to blogging and title it "The Fellowship of the Ping" :-) --Durano, done!
Wait I don't get it... if there are a ton of books that probably use references to her book such as Finding God in Harry Potter or What will happen in book seven. Well why doesn't she sue them too I'm sure not everybody got her approval. Just because she was going to do it and not the other ones
Hi Anonymous,
That's a very good point you raised. I have no answers for you there, but looking at it from the same standpoint, she could sue them too.
I wouldn't know the difference with these books you mentioned and the encyclopedia in terms of how much or to what extent is referenced from her books. maybe that is a matter she is considering. --Durano, done!
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