AP reports on JK Rowling/Lexicon lawsuit
AP reports on JK Rowling/Lexicon lawsuit As most of you know, JK Rowling and Warner Brothers are currently in a legal battle with RDR Books concerning a Potter encyclopedia by the Harry Potter Lexicon. JKR and WB are fighting the publication of the book, and just the other day Jo submitted her declaration. In it, she makes several statements about the fandom as a whole. As the AP reports:

Rowling said she was especially irked that the site's owner and the lexicon's would-be publisher, RDR Books, continued to insist that her acceptance of free, fan-based Web sites justified the efforts.

"I am deeply troubled by the portrayal of my efforts to protect and preserve the copyrights I have been granted in the Harry Potter books," she wrote in court papers filed Wednesday in a lawsuit she brought against the small Muskegon, Mich., publisher.

She said she intends to publish her own definitive Harry Potter encyclopedia.

"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."


Leaky has JK Rowling's full declaration right here. Thanks to everyone who's e-mailed with the information, and we'll continue to update you as this case moves forward.
Posted by Andrew on Feb 29th | 65 Comments
Visitor Comments
Posted by arithmanceer Mar 1st 2008

do what MrsTegtmeyer says... go to leaky... read the statements from Team Jo. (go team jo!) for those of you who think that everyone can afford to buy two books, you're completely wrong. i sort of feel that RDR let this happen -- let this turn into a big lawsuit -- as soon as they saw the letters from Scholastic, WB, and the rest of Team Jo. in fact, it's gotten them pretty good publicity. (had anyone else ever heard of RDR before this?) unfortunately, it think it's on it's way back to bite them in the -- errr... yeah. i think anyone who supports jo in this lawsuit should show it no matter what the outcome; if Vander Ark publishes his book, i'm definitely not going to buy it. Jo's is worth the wait! (take your time and make it good and full of all the wonderful juicy details we all want to know, Jo!)


Posted by UK_Wildcat Mar 1st 2008

Booksized comments....wow, they're long. And some are really funny!


Posted by brittney Mar 1st 2008

It's fine for others to make money off Jo's work. This very website makes big money for Emerson and others, and I'm sure some of the other fansites work in the same way. Melissa of Leaky's book about the fandom will return a profit for her. The issue here is that Steve is bringing nothing new to the table. If you look at excerpts of his proposed lexicon, it's just everything within the series in alphabetical order. Now, I am as obsessed with Harry as anyone (I live in NZ and travelled to Edinburgh to be first in line for DH) but I don't have any interest in a book that has no commentary, no criticism, just lists. This isn't like other guides, it's just a regurgitation of information we already know. Here's to hoping Jo wins her case.


Posted by dracodragon Mar 1st 2008

I can see both sides. I don't think it's fair that money be made on something that's not their original ideas, ESPECIALLY if she's intending on creating one. However, I do think she's taking it to the extreme by saying she may not allow people to write fanfic. The lawsuit, in my opinion, is a tad ridiculous.


Posted by Kareen Mar 1st 2008

As much as I hate to say this, all of the stuff that JK keeps coming out with about HP, it seems like all she wants to do is keep her attention-level up.


Posted by bubs Mar 1st 2008

There are points for and against here for both parties in this one. Lexicon has spent years gleaning every nuance out of these books and placed them into 1 easy to read website for fans everywhere worldwide. Other sites (eg Mugglenet) have done the same thing, and are no doubt earning a VERY GOOD salary out of the advertising rights on the site. However, JKR and Warner Bros owns the copyrights to the name and related incindia. Words writted in contracts like these are extremely strict. The lawyers are circling, like feeding sharks smelling a bloodbath, no doubt hoping for a long case where the lawyers get richer, and nothing good comes from the result, unless you ARE a lawyer. Facing facts, websites like MuggleNet and Lexicon have basically been earning a large income off JKR's copyrighted name and have been for years. So have any number of other authors (John Granger is one I am aware of) by writing books judging, praising or criticising the contents. How about companies like the mob who run Harry Potter Conferences in the States. I don't think they are short of money organising these. All these companies are making money of JKR's copyright. And realisitically, all these companies/people could be in danger of being sued for damages if the wrong people decide to sue. The wrong people here are Warner Bros. If they get their wind up, they have BILLIONS of Dollars they could use to get companies sued in lawsuits for damages. They own the names, merchandising, and basically everything except publishing rights to the series. Anyone feel like going up against Warner Bros to keep fansites/fandom going? Steve VanderArk /Lexicon is trying to keep their income going from JKR's copyrighted name/work and a stand needs to be taken by JKR.


Posted by bubs Mar 1st 2008

It counts 2,034 entries out of the book


Posted by NicoleM Mar 1st 2008

I wish people would not go against Jo. To the people who are against her need to think what it is like to be in her shoes right now. Someone is taking free information and putting it into a book for fans to be cheated into buying it when they can get it online already. Does anyone understand that she is doing this for us too? She does not want us to spend money on information we already know. Her encyclopedia is going to be the real thing, and the profits are going to charity. Do you really think Lexicon's money is going to charity? I would laugh if anyone would think this. But, this is not the only reason. He is taking Jo's idea and making it into his own. Jo said she wanted to make an encyclopedia and I believe he knew that! But, now he has decided to make his own, but it is not his own. It is not his information, but someone elses. And whatever outside sources he gets, the book does not include a bibliography!(According to Leaky). She is protecting her books..now what in God's name is wrong with that? I can just see it now! Jo is not going to publish her encyclopedia for the next 8 years because of this bs!


Posted by Dementress Mar 2nd 2008

Honestly, if the Lexicon's book were to be published (which it won't, thanks), what's the point of buying it when you can just access the online version for FREE? Team Jo all the way! As a true fan, I'd prefer an encyclopedia directly from her rather than a fan based one. And the thing is Jo didn't approve of the book when they came to her for the copyrights. Done. Author did not approve. Should have ended there. But no, this has gone to a publicized legal battle... Plus, she said it herself that she wants to write it. Who is VanderArk to deny her the pleasure of additional information that will soon be added to the site?


Posted by wingsvale Mar 2nd 2008

Van Der Ark sounds like a hypocrit to me. Sic his lawyers on someone else for using info on his site to write a book about Harry Potter when he didn't even invent Harry Potter. I understand JKR's possition alot better then his. Even if Van der Ark said he was going to donate all proceeds to charity now I wouldn't believe it. JKR has done alot for her fans. She has supported alot of the things they do and appreciates it. This is like a knife in the back from Van der Ark and he doesn't deserve to make a dime off her or her work.


Posted by MrsTegtmeyer Mar 2nd 2008

I noticed a couple of comments worried that JKR is going to go after fanfic because of this lawsuit. It's actually Van Der Ark who is hurting fanfic. He is arguing the he should be able to publish his book because JKR allows fanfic. JKR worries that if his connection between the Lexicon book and fanfic is supported in court, then that court ruling would hurt fanfic and put it in the same category as works not allowed under copyright laws. JKR is a supporter of fanfic but not a supporter of people publishing unauthorized encyclopedias based on her work.


Posted by Santgensch Mar 3rd 2008

It is hard to get a clear view of all the finer points of copyright laws. For example about definitions: when is a publication plagiarism? One important difference is the disclaimer. In a scientific publication (same as everywhere else of course) it is very important to make every citation absolutely clear, and to name the exact source. Then there is the problem of "primary" and "secondary" literature. "Primary literature" is FROM the author, "secondary" is ABOUT the author or his/her works. Secondary literature can range from scientific discussion and textbooks for students to reference works and even bibliographies (containing lists of primary and secondary literature of/about the author). For an example, check out the wonderful book "Planet Simpson", that discusses the impact of the series on popular culture. There may even be a few cases where secondary literature has been "forbidden", becouse the publishers had not marked the citation or source clearly enough, but they must be wery few. The very nature of secondary literature makes it clear that the original work is being cited and in some countries part of the royalties go to the original author anyway. It gets complicated to decide how much is the work of the "secondary" author and how many percents they should get. And lastly, as with every legal problem, there is the huge threat of "precedence". If a work of secondary literature loses such a case, then the big publishers will have it easier to win a lawsuit against the next "secondary" authors. And believe me, those companies are really greedy, and for them it is not just about the authors' rights. The managements take a lot of the resulting profits for themselves. The best example is a change in German law, that forbids libraries to loan electronic journal articles to customers of other libraries in electronic form. That will slow down science considerably, but we see where the pressure groups are more active...


Posted by Shewbydo Mar 3rd 2008

For all of you tending to side against Jo, do as MrsTegtmeyer first suggested...be open-minded and read the full details and history of the case on TLC. It is long (there are several different posts) but very interesting. Considering that both the Lexicon and TLC are part of the floo network, I think TLC is probably being very objective in its summary of the case. It was stunning to me the differences in tone, professionalism and levels of documentation between the two sides. Issues like the other encyclopedias are addressed in the most recent filing. Read it! :)


Posted by Voldywart Mar 4th 2008

ok enough of this sh*t. jkr is a selfish jerk. Who the hell does she think she is. all that money has gone to her head


Posted by laughingoutloud Mar 7th 2008

If JKR has an encyclopedia written, why doesn't she publish it? Seems to me that Lexicon is ready to publish a book that she hasn't even written. Rowlings can't stifle free speech and threatening fan sites and writers who wish to comment on her books isn't going to be productive for her legally. One can only wonder how much of Lexicon's material will be used in her own encyclopedia. After all, Harry Potter wasn't created in a vacuum. JKR "borrowed" a lot of material from other works.






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