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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Maybe I’m being too cynical, but some of you guys have to get over this idea you have that JKR should be grateful for the “hours Steve spent putting the lexicon together.” She didn’t ask him to do it, he did it because he enjoyed it and wanted to do it. She even acknowledged his hard work by giving him an award. However, when he ignores her request not to print the book (which he has or there would be no lawsuit), then he unfortunately has to face the consequences of his actions.
and i bet he doesnt fwel bad at all but rather entitled to publish. There is no way this is the first he is hearing of this suit or her displeasure, and even so if he didnt immediately abandon the project… Let’s be honest: he knew she didn’t want it and went ahead anyway. Not his decision to make and now it’s a lawsuit. He’s not respecting her at all.
CNN and USA Today both have articles up on this.
“The complaint claims Warner Bros. and Rowling’s representatives have been ” rebuffed and treated rudely” in their attempts to engage in a dialogue with RDR Books.” From CNN. RDR is the publisher.
Caelaed, It’s her work! She has celebrated the HP Lexicon in past. She loved that site. The difference is now Steve is trying to sell it as a book to make profit. Your darn right it’s about money. I don’t want anyone making money off of my hard work if they don’t put in any of their own opinions, thoughts, conclusions, etc.
Maybe I’m alone here, but regardless of whether it’s right or wrong, Steve’s would have been WAY more comprehensive (more detailed, encyclopedic) than Jo’s. She’s amazing; her book will be funny and charming, and if I had to pick between the two, I’d take hers. But I want something the size of the Encyclopedia Britannica, and let’s face it; Jo is not going to spend the 1000’s of hours that Steve and his staff did for this one. His would be much more comprehensive than hers. They’re apples and oranges. What’s wrong with wanting both? Maybe part of the settlement will be her using the materials in her own work.
And Caelead- JKR did not need Steve to catalogue the HP world for her, she has her notebooks and knows it front and back in her head. So, he must have done it for himself and for the fans so when you say “it must be worth something” actually, it does not. And how exactly did Jo gain monetarily from Steve’s “work”? Did people not understand HP before the website? Did people see the website and say “Oh, I think I’ll start reading the Harry Potter books!”
everybody talks about the Hours Steve put in….what about the YEARS even DECADES JK has put in . what is she working for? to have someone else make money off of her and her ideas no not that needs the money but she has the right to say who makes money off of her and where is goes. its crazy to be mad a jo for pretecting her creation
“Anyone who thinks that lawyers are doing this without Jo’s consent is stupid. She knows exactly what’s going on. She’s made special note of it on her website. And while she may have what she thinks is perfectly good reason to be suing a poor fan who has devoted the last 10 years to her books, I simply cannot see it. Her book would sell just as well as his. SVA isn’t going to cut her sales.”
Yeah, this isn’t the case of innocent little JKR who can’t help what the big bad lawyers do. I think this was a bad decision on her part and I have a feeling that the fandom is going to remember this for a long, long time.
It might take her years and years to actually do that encyclopedia. Everyone will buy it anyway because it’ll have new information. What’s wrong with having an encyclopedia in the meantime? There have already been loads of books about Harry Potter not by JKR, why go after one by someone who’s devoted so much time and energy being her fan? The idea that this book, with no new information, could take away from the sales of some far-distant future book with new information is ridiculous.
And if she’s so horribly concerned about money not going to charity, why doesn’t she just give more of her own money to charity?
What about the companion to the Vampire Chronicles? That wasn’t written by Anne Rice. The amount of work put into reading Harry Potter and listing all the info, plus the obvious love of the book by Mr. Vander Ark, it’s like insulting to sue him for devoting his time to JKR’s work. It’s a complement!
the diifference is that it is not Steve’s decision. It’s hers, no matter what way you would like to sugar coat it. It is her world and not his, period.
Eyezbi, Steve’s material IS Jo’s material, so that would be ridiculous.
Thank you whatshername! Good to have definitive proof that they tried to settle this privately.
I don’t believe that what Steve is doing is “copy and pasting” at all. He has spent hours and hours working out the secrets of the series, including all the things people wouldn’t have noticed on their own. It takes time and effort to do this, just look at the detail of the site.
Since I haven’t seen/read the book, I would assume that it IS a companion book, because it’s unofficial, and based on speculation and information figured out through cross referencing and research.
I can see why JKR, and Warner Bros would be upset if money is being made off of Harry Potter by other people. But, in the end, I bet a lot of that money would go back into the making of the Lexicon website.
Ultimately, ONLY JKR can give us new information. And, the people who are going to buy Steve’s book are the ultimate fans, who are going to be the first ones to buy JKR’s official edition.
I don’t understand why they just don’t NOT publish the book. Couldn’t they have just said “Sorry, but Jo’s going to be doing this, so we’re not publishing yours.” Why does there have to be a big lawsuit??? I’m really confused.
Though it seems to me that Leaky is kind of torn on this too. Notice how at the end of the article Melissa wrote about how Leaky and the Lexicon are basically sister sites? I’m sure she feels upset over this, and unsure of what to do.
Poor Steve… he’s only ever loved Harry Potter, and basically dedicated a huge portion of his life to making that site.. I really hope it doesn’t cause any big problems. Lawsuits like these can ruin lives – he could lose tons, such as his house or job… it just seems like something else could have been done.
No-one can take an author’s property and re-package the information therein and sell it on. It is a blatant infringement of copyright. The books that have been allowed thus far are not simply re-packaged versions, they add something extra in the way of discussion, ideas, intellectual input. This one apparently does not, or does not do so enough.
There’s a big difference between having the online Lexicon a printed version….
The online Lexicon is free, the printed version (the book) is being sold for profit, meaning Steve will be making a profit publishing works of Jo’s.
I’ve got to say, I don’t believe that Steve would make a book without consulting Jo. Moreover, I do not believe that he would rebuff and/or treat Jo rudely, however, I can’t believe Jo would be this suit-happy against the Lexicon. Really?
I’m a little at odds. If it turns out that Jo just arbitrarily sued Steve and the Lexicon- given, on grounds that are perfectly understandable but needn’t have gone to a lawsuit- I will be both extremely disappointed in Jo and quite angry.
Could someone provide links to the CNN and USA Today articles? I can’t find the CNN one yet, and I’d like to read them.
LS
on I believe he would do this without her permission. And be rude. He’s been arrogant on every pottercast and at prophecy he said mean thicngs about the last book and said she had done too many scenes to make the books movie friendly. I’ve seen his talks and they are displays fornhis pomposity and I don’t doubt for a second that jo and her people were treated rudely, especially if they put it down in the form of a legal document.
JK Rowling wants damages. She doesn’t want to stop the book from further publication, the woman richer than the Queen wants damages. I don’t even know what to say.
Sorry, comments are closed for this article.
Leaky Poll
Moving the HBP film to July 2009 is:
- Completely unforgivable35 (45%)
- Annoying, but I'll get over it28 (36%)
- Not something I care about.4 (5%)
- Cool; who wants to go to the movies in the winter anyway?1 (1%)
- Awesome! I get to save $10 until next year.3 (3%)
- Awesome! I get to save $10 because now I'm skipping this movie!4 (5%)
- I've made a Facebook group, started a protest, called my local councilman, staged a sit-in, started a boycott, and organized a million-fan march because we won't stand for the - wait, what was this about again?2 (2%)
Oh, and no sympathy for the companion books from me, either, I’m afraid, but mainly because I have a personal dislike of those things. I don’t like the idea of Big Name Fans and don’t think one fan’s viewpoints are worth more than another’s just because they’re given at a cost.
Oh again, this lawsuit has nothing to do with whether JKR likes the lexicon website or not. You don’t file lawsuits just to say ‘Nyeeehh, I don’t like you very much!’.