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   Web Issue 3186 July 6 2008   
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Harry Potter author JK Rowling in court for copyright hearing

Harry Potter author JK Rowling arrived at a New York court today to give evidence in her lawsuit against a publisher.

The Edinburgh-based writer claims her copyright is being violated by a fan who plans to publish a Harry Potter encyclopaedia.

The showdown between Rowling and Steven Vander Ark is scheduled to last most of the week in US District Court in Manhattan.

Rowling brought the case last year against Vander Ark's publisher, RDR Books, to stop publication of the Harry Potter Lexicon.

Rowling is apparently intending to spend her breaks in the seclusion of a jury room away from any die-hard Potter fans.

The trial comes eight months after Rowling published her seventh and final book in the series.

The books have been published in 64 languages, sold more than 400 million copies and spawned a film franchise that has pulled in more than £2 billion at the worldwide box office.

Rowling is a fan of the Harry Potter Lexicon Web site that Vander Ark runs. But she draws the line when it comes to publishing the book and charging £12.50.

She also says it fails to include any of the commentary and discussion that enrich the website and calls it "nothing more than a rearrangement" of her own material.

One of her lawyers, Dan Shallman, told Judge Robert Patterson, who is hearing the trial without a jury, that Rowling "feels like her words were stolen."

He said the author felt so personally violated that she made her own comparisons among her seven best-selling novels and the lexicon and was ready to testify about the similarities in dozens of instances.

David Saul Hammer, a lawyer for RDR Books, which plans to sell the lexicon, said the publisher will not challenge the claim by Rowling that much of the material in the lexicon infringed her copyrights.

But the judge will decide whether the use of the material by the small publisher was legal because it was used for some greater purpose, such as a scholarly pursuit.

In court papers filed prior to the trial, Rowling said she was "deeply troubled" by the book.

"If RDR's position is accepted, it will undoubtedly have a significant, negative impact on the freedoms enjoyed by genuine fans on the internet," she said. "Authors everywhere will be forced to protect their creations much more rigorously, which could mean denying well-meaning fans permission to pursue legitimate creative activities."

In court papers, Vander Ark, 50, said he was a teacher and school librarian in Michigan, before recently moving to London to begin a career as a writer.

He said he joined an adult online discussion group devoted to the Harry Potter books in 1999 before launching his own website as a hobby a year later. Since then, neither Rowling nor her publisher had ever complained about anything on it, he said.

In May 2004, he said, Rowling mentioned his website on her own, writing: "This is such a great site that I have been known to sneak into an internet cafe while out writing and check a fact rather than go into a bookshop and buy a copy of Harry Potter (which is embarrassing). A website for the dangerously obsessive; my natural home."

The site attracts about 1.5 million page views per month and contributions from people all over the world, Vander Ark said.

He said he initially declined proposals to convert the site into an encyclopaedia, in part because he believed until last August that in book form, it would represent a copyright violation.

After Rowling released the final chapter in the Harry Potter series that same month, Vander Ark was contacted by an RDR Books employee, who told him that publication of the lexicon would not violate copyright law, he said.

Still, to protect himself, Vander Ark said he insisted that RDR Books include a clause in his contract that the publisher would defend and pay any damages that might result from claims against him.

He said it was decided that the lexicon would include sections from the Lexicon website that give descriptions and commentary on individual names, places, spells and creatures from Harry Potter stories.

In his court statement, Vander Ark still sounds like a fan, saying the lexicon "enhances the pleasure of readers of the Potter novels, and deepens their appreciation of Ms Rowling's achievement."


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Posted by: jonny bond, glasgow on 6:16pm Mon 14 Apr 08
This muggle likes to keep the bacon in her own frying pan.
Posted by: sam, greenock on 8:13pm Mon 14 Apr 08
Who cares...............
...
Posted by: maragdubh, lewis on 9:49pm Mon 14 Apr 08
sam wrote:
Who cares............... ...
there lies the problem. not enough care. Indifference kills integrity
Posted by: Wallace, Perth on 10:05pm Mon 14 Apr 08
As a fan of her books, I think JK Rowling is now starting to forget how she herself started out as a hard up aspiring author. She deserves the success and level of wealth she has attained, but doesn't she think she has accumulated enough money to last her and her family for several generations, without earning another penny? Otherwise, why begrudge another aspiring author the chance to make some money. Anyway, his proposed encyclopaedia would only serve to make her books even more popular, if that's possible.

Come on JK, if you carry on in this vein, you'll be standing for parliament as a Labour MP next, so you can board Mick Martin's expenses gravy train to make some serious money!!!
Posted by: Luggie, Glasgow on 9:48am Tue 15 Apr 08
Can someone tell me, what is a 'genuine' fan? If I like someone's work and ask someone else more about it, am I not a 'genuine' fan? Then what am I ?

Don't we already have the facility of declaring official and unnofficial biographies, encyclopaedias or sites?
Posted by: Luigi, Aberdeen on 5:28pm Tue 15 Apr 08
JK seems to have borrowed many of her ideas from other sources (the similarities of many of her characters and names with those of Tolkien, for example are pretty obvious), so its a bit rich of her to now complain if someone wants to create something based on her invention.

She seems to be paranoid that everyone in the world is trying to rip her off. Well, many people are but get used to it - we all get ripped off sometimes - at least she can afford it!
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