In The News
J.K. Rowling and WB File Suit Over Unofficial Encyclopedia
Companion BooksReuters is reporting that author J.K. Rowling and Warner Bros., makers of the Harry Potter films, filed suit (update: details of suit are now below) today against a forthcoming unofficial encyclopedia book based on the Harry Potter series. Reuters reports the book, "The Harry Potter Lexicon," due to be released by RDR Books on Nov. 28 in the United States, had "inappropriately referenced Rowling's fictional characters and universe."
The suit names the site owner, Steve Vander Ark, and several defendants, and is seeking "damages for copyright federal trademark infringement and any profits to be gained from the book."
The suit, according to the article, states:
"The infringing book is particularly troubling as it is in direct contravention to Ms. Rowling's repeatedly stated intention to publish her own companion books to the series and donate proceeds of such books to charity."
The suit was filed today in federal court in Manhattan, NY.
USA Today contains further information including a comment from RDR books publisher Roger Rappaport, who said the book was a "critical reference work" and "dismissed any notion that it could compete with any official encyclopedia written by Rowling." He also said that Vander Ark "cannot understand why she wouldn't be supportive now.'
The article also says the suit "doesn't seek action against the Web version of the Lexicon, but criticizes it for numerous sections that it said 'regurgitate Ms. Rowling's original creative expression with minimal additional commentary.'"
CNN Money says that the suit claims, "Warner Bros. and Rowling's representatives have been " rebuffed and treated rudely" in their attempts to engage in a dialogue with RDR Books...For example, while claiming not to have the ability or time to respond to plaintiffs' multiple 'cease and desist' letters because of a family tragedy, defendant instead was hawking foreign publishing rights to the infringing book in Germany,' the lawsuit said."
TLC has also obtained a copy of the complaint, which further contains the following:
-The suit says any money award will be donated to charity.
-It seeks to halt publication and recoup whatever profits are made by the book or costs incurred by the suit.
-The suit says four letters to RDR Books (detailed below) regarding the issue before it went to a lawsuit.
-That RDR Books has refused to hand over a pre-publication copy of the books for review.
-It names RDR Books and 10 DOES - unidentified entities/people - who can be named later.
-In response to contact from JKR's lawyers, RDR Books sent its own "cease and desist" letter to Warner Bros. regarding a timeline on the Harry Potter DVDs they claim infringes the Lexicon's copyright, which the suit says is "a complete fabrication apparently intended to deflect Plaintiffs' complaints - but which merely serves to highlight hypocritical nature of Defendant's conduct."
Excerpts from suit:
-"Plaintiffs did everything they could prior to filing this lawsuit to engage in a substantive dialogue with Defendant only to be rebuffed and treated rudely. For example, while claiming not to have the ability or time to respond to Plaintiffs' multiple 'cease and desist' letters because of a family tragedy, Defendant instead was hawking foreign publishing rights to the Infringing Book in Germany. Moreover, Defendant had the audacity to accuse Warner Bros. of violating the purported copyrights of the Infringing Book's author in a timeline based on the Harry Potter Books - a complete fabrication apparently intended to deflect Plaintiffs' complaints -- but which merely serves to highlight the hypocritical nature of Defendant's conduct."
-The suit says that there is a "big difference between the innumerable Harry Potter fan sites' latitude to discuss the Harry Potter Works in the context of free, ephemeral websites ad unilaterally repackaging those sites for sale in an effort to cash in monetarily on Ms. Rowling's creative works in contravention of her wishes and rights."
-JKR has been "careful not to license" other "tie-in or companion books" which merely "regurgitate her creative expression without adding valuable analysis or scholarly commentary...in part, because...she has authored and published her own Companion Books and intends to create additional companion books."
-JKR's agency, Christopher Little, heard about the book from an online listing on Publisher's Marketplace. The book and its disclaimer-less title led JKR and her agency to contact the author.
Pre-lawsuit timeline, as detailed by the complaint:
September 12: The Christopher Little Agency e-mailed Steve Vander Ark with a copy cc'd to RDR books, containing a reminder of JKR's plans to write a future book and a statement that JKR did not wish to grant rights to any third party. "Appealing to Mr. Vander Ark as a friend and supporter of Ms. Rowling and the Harry Potter books, Ms. Rowling's agent asked Mr. Vander Ark to forgo publication of the Infringing Book." The email went unresponded for six days.
September 18: JKR and WB's lawyer forwarded a letter to RDR Books and Steve Vander Ark via e-mail, notifying them that the book would be infringing copyrights and citing precedent (Twin Peaks Productions, Inc. v. Publications Int'l, Ltd, and Castle Rock Entertainment v. Carol Publishing Group; the first regarding a book of Twin Peaks plot summaries and the second a book of Trivia about the Seinfeld series). The letter requested the publication cease, in the U.S. and to all foreign publishers, and asked for a list of those entities so that JKR's lawyers could contact them directly.
September 18: Steve Vander Ark responded to JKR's agent by e-mail saying he had "been asked to leave all correspondence in this matter to others."
September 19: RDR Books replied, saying, "[i]t is our intention to thoroughly study the various issues you have raised and discuss them with our legal advisers."
October 3: JKR and WB counsel wrote again, "after waiting another two weeks and receiving no substantive response...emphasizing their clients' concerns and the impending publication date." Roger Rapoport, president of RDR Books, requested more time due to a death in the family, which was given by JKR and WB's counsel.
October 11: JKR and WB counsel discovered that in the time period in which he had requested for a "good faith" delay to deal with a death in the family, he had sent a "cease and desist" letter to WB regarding "a timeline appearing on some of the Harry Potter DVDs [that] infringed the Lexicon Website. Warner Bros. responded that it would look into the matter more fully. In the meantime Warner Bros. asked for a copy of the"print version" of the Lexicon Website referred to by RDR Books in order to aid in its evaluation of the claims. RDR Books summarily dismissed Warner Bros. reasonable request," the suit claims, "stating rudely: 'If you do not know how to print that material [from the Lexicon Website] please ask one of your people to show you how.' "
October 19: JKR and WB counsel wrote a third letter; RDR responded again that they would reply after looking into allegations.
October 23: Christopher Little Agency learns that RDR had recently offered the publishing rights for the book in Germany to Random House and in Taiwan to Crown Publishing. "Plaintiffs grew increasingly concerned during the course of these events because it appeared that RDR Books was duplicitously stalling its response to Plaintiffs' concerns in order to surreptitiously promote the Infringing Book in advance of the rapidly-approaching publication date."
October 24: JKR and WB counsel wrote a fourth letter to RDR Books, "expressing their grave concerns about RDR Books' recent behavior and asking for confirmation that RDR Books would not publish the Infringing Book until it attempted to resolve this matter in good faith." The lawyers also repeated their request for a copy of the book. They also set a deadline for response of Oct. 29.
October 24: RDR Books responded that the "Plaintiffs' 'unwarranted' objections were not appreciated," and that the book was a "print version of the Lexicon Website, which was allegedly permitted by Ms. Rowling, and that there were allegedly other Harry Potter guides similar to the Infringing Book on the market." The suit says in response, "While Ms. Rowling has permitted some fan sites certain latitude to make use of the material in her books, these sites are generally free to the public and exist to enable fans to communicate, rather than to permit someone to turn a quick and easy profit based on her own creativity. Ms. Rowling never gave anyone permission to publish a 400-page Harry Potter Lexicon."
October 31: Suit filed. "It is apparent that RDR Books has no intention of working with Plaintiffs to resolve this matter amicably. Plaintiffs therefore have no choice but to file this lawsuit."
The suit also states that JKR and WB are concerned not only because they claim the book infringes and it conflicts with her own plans but because "RDR Books has confirmed...that it cannot be trusted with one of the most beloved children's book series in history."
The suit also quotes a statement made by Steve Vander Ark on his site, that says, "...I don't give permission for people to just copy my work for their own use. Not only is that illegal, since everything in the Lexicon is copyrighted, it's also just plain wrong. Hey, I did all the work,I put in all the time, it's my skill and talent in this area which allowed the Lexicon to come into being. No one else has the right to use my work." The suit says, "this is exactly what Defendant is attempting to do here in connection with Ms. Rowling's work.
Without a review copy, JKR and WB's lawyers have been told the book will be a "print version" of the Lexicon, which they maintain means it will surely infringe on JKR's copyright. It mentions the maps and passages of the books that the Lexicon has on its site, as well as lists and facts, class schedules, potion ingredients and wizarding histories. "The Lexicon Website also slavishly copies lyrics to entire songs, lifts long passages directly from the Harry Potter Books, and transcribes magic spells word-for-word. In addition to copying the fictional facts and language of the books, the Lexicon Website also contains numerous infringing photos taken from Warner Bros. copyrighted Harry Potter films."
It also cites the "lengthy plot summaries and detailed descriptions" of characters.
"These descriptions, character details and plot points comprise stories created and owned by Ms. Rowling, who has the sole right to control their distribution and who did not give permission to the Defendant to publish a book that stands to make millions of dollars off the back of Ms. Rowling's creativity."
The suit also maintains that the book will be marketed to mislead consumers, because it does not have a disclaimer in its title or subtitle and is referred to as 'the most complete and amazing reference to the magical world of Harry Potter,' which the suit claims "gives the false and misleading impression that the book is an official Harry Potter book and that Ms. Rowling or Warner Bros. has authorized it or is associated it with it in any way."
The suit claims seven counts:
-Copyright Infringement
-Federal Trademark Infringement
-Unfair Competition and False Designation of Origin
-False Advertising
-Deceptive Trade Practices
-Unfair Competition
-Declaratory Judgment Regarding Copyright Infringement
The suit asks for the court to find that:
-RDR Books has infringed copyright and trademarks and used a misleading book cover, design and advertising materials to "falsely designate the origin of the Infringing Book, falsely advertise the Infringing Book, and unfairly compete with Plaintiffs."
-RDR Books and defendants have engaged in deceptive trade practices
-The "Hogwarts Time Line" in the DVD does not infringe the Defendant's copyrights
-There is a substantial likelihood that defendants will continue to infringe unless halted permanently
The suit also asks for:
- a permanent injunction against the Defendant and associated entities from selling or distributing works derived or copied from Harry Potter
- an order instructing a recall of the book
- a judgment for damages and profits
There has not yet been a reaction filed by RDR Books or any other defendant.
The Christopher Little Agency has also answered some questions for Leaky in response to what has been mentioned in comments:
-The difference between the book and the Lexicon web site is that "the website is free for all fans but the book is to be sold," and "other free web sites are fine so long as the material is appropriate."
-Regarding whether the Lexicon has rights due to JKR's use of it in the past, the "Lexicon has no rights in Harry Potter."
-They can't comment on whether it would have really overlapped with J.K. Rowling's intended because they haven't seen the book, and this was why they wanted to review it.
The Harry Potter Lexicon is a partner site to The Leaky Cauldron.
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“that JKR now sees him as a threat says more than I care to comment on. It’s just sad, that’s all…” LOL, she doesn’t see him as a threat. He has no right to take her story, characters and info and publish it and make profit from it. Again, he is re-packaging info for money when the fans can goto the website for FREE, read her books or her interviews.
she sure is getting sue happy all the sudden, scared to let my kids dress up like Harry Potter tonight for fear of a lawsuit =P
“I really hope that this is a tremendous joke, because Jo has always been so kind to the Fandom in the past. I’m am really distressed almost to the point of tears. Seriously guys…. if this is a joke…. NOT FUNNY!”
WHY would this be a joke?! Its far from funny, in fact its very very serious. And why does this mean she isnt being kind?! She is. Shes saving those stupid enough to buy this book their money.
Steve isnt the only one hit by this. Another book has been hit as well “Harry Potter from A to Z” it just hasnt been reported. I wonder why no people from fansites are commenting on all this and what it means-im very interested to hear from Melissa about all these ongoings.
I agree amadis, and the book is actually $25. That’s right, he’s publishing a book full of information that can already be found in the HP books or in interviews, or online for FREE on the lexicon for $25. Shoot, if this is doable then I guess I’m going to read another book series and compile all the info in them and publish it as my own book and make a profit. His Dark Materials ere I come…..
really,think about it,if she lets steve do it,then lots of other people will try and do it,since it really would be easy money,but unlike steve,they won’t be big HP fans,just people trying to make money.
And if she tries to sue those people then they’d say “but you let steve do it,why not us?”
As far as I’m concerned, this seals it. I am never, ever buying another book by JK Rowling. The woman has more money than the Queen of England, yet she sues small publishers and religious festivals that want to honor her words. She claims to love her fans, yet she ends her series with two sloppy, poorly edited, frigid books. She states that she loves certain characters, yet forces them into unrealistic subplots and kills them without so much as an on-screen death. And worst of all, she can’t even be bothered to give consistent answers to questions from her fans.
Where I can buy Steve’s book? At least he seems to give a damn about something other than making yet more millions.
Hey, do you know anything of what’s in his book? Judging by his site and the fanness in him he’s noy siimply cutting and pasting like you guys are saying. I’m waiting for an announcement from Steve anyways. And I try to keep the author out of my experience, but I just have to talk in this thing, it’s really sad
Shes saving those stupid enough to buy this book their money.
No, she’s asking for a cut of that money. She’s not suing to stop publication, she’s suing to get a piece of the profit.
Ellid are you kidding me? Steve went through the HP books, compiled the info found in them (which was given and made up by JKR) and published them for FREE on a website for all to see. NOW he’s publishing them in book form to make MONEY. The book is selling for $25 when you can get all of that info online for free, read the books for the info or read Jo’s interviews. Steve is trying to make money by using JKR’s copywrited info….
bthomas, you couldn’t be MORE WRONG.
J.K. Rowling, and especially her lawyers, are suing to stop infringement of her property. I think the way Pottercast and Leaky fans feel towards Steve are clouding their judgment here. If anyone were allowed to publish a “Lexicon-style book” it would open the door to thousands of others to do the same.
This isn’t a personal attack on Steve. This is law and copyright infringement is illegal.
It is silly of Steve to think that he has a legal leg to stand on…
Please Leaky staff, we need some information or a statement ASAP. People are going crazy in here.
Let’s remember to wait for more information before getting all hot n’ bothered. We need to be able to determine what is the law says is right, not what we feel is right.
Ellid you are unbelievable. Steve will be profiting from this venture and although Jo will also make money, her money at least will ALL be going to charity. I find it very hypocritical of yourself to keep visiting a site such as Leaky and making comments when you now appear to be very anti JK Rowling. Shame on you.
“I think the way Pottercast and Leaky fans feel towards Steve are clouding their judgment here.”
i agree,like i said earlier,no one seems to care about the fact that audray malone is also getting sued for trying to publish “harry potter from A to Z”
I’m very, very surprised that people are pointing fingers at JKR and immediately calling upon the power of greed. It doesn’t matter whether this book will decrease the profits of JKR’s encyclopedia or not; just by publishing the book, the publisher and Steve (if he’s the one writing this) are infringing upon JKR’s rights as the OWNER of the series. Even if they end up not profiting at all from this, they are still violating the copyrights laws blatantly, especially because all the materials in the encyclopedia are directly and inferred from JKR’s books. Unless it is with her expressive permission, publishing such thing is just a wrong thing to do.
An online encyclopedia: that’s all right. However, when they approach the print world, that’s where things get really slippery.
I don’t support JKR just because I think she’s infallible, but in this matter, she is NOT the one at fault. And she certainly isn’t out to get fans who aren’t making profits by playing with her characters. Just because you’re calling yourself a “fan,” and JKR approves of fandom does not mean “fans” can do anything (including infringing upon her copyrights so blatantly) without suffering any consequences.
I love the online HP Lexicon. And I truly admire all those who had worked to put it together. But regardless, making and selling a print version of it is just wrong if they didn’t have permission from JKR.
Are any of the Lexicon staff in on this lawsuit? Some of them like Lexicon Bel are Leaky staff as well aren’t they? This is one of the biggest kicks to the stomach to the Potter fandom I’ve ever seen. Jo Rowling is going to lose a lot of fans with these incessant law suits. You don’t need the money, Jo. Stop picking on the fans.
bthomas, you couldn’t be MORE WRONG.
The article right here on Leaky says she is suing for damages, not to stop publication. “Suing for damages” = cash.
Sorry, comments are closed for this article.
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Since DH was published, your interest in Potter fandom has:
- Increased! I'm more involved now than I ever was!794 (22%)
- It's stayed at the same level of fun it always has!1334 (38%)
- Decreased slightly: I only check sites a few times a week now.887 (25%)
- Severely lowered. Without new canon, I'm bored.358 (10%)
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MATT-get your facts right before mouthing of. Jo is not after money. Be gratful-she is saving the fans who would buy this book money. Jo isnt writing the ency. for herself-its for charity. Why people think Jo has suddenly become this money-grabbing cow all of a sudden is beyond me. She is nothing more than an author who wants to protect her books. If some of her biggest fans are willing to exploit HER CHARACTERS, WORLD ETC ETC that doesnt say much for those who arent fans but want to make a quick bob or two. She is perfectly write to stop this. Its pathetic that Steve considered releasing it in the first place.