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Harry Potter Lexicon Makes Statement Regarding Suit

Companion Books
Posted by: Melissa
November 05, 2007, 03:55 AM

Steve Vander Ark of the Harry Potter Lexicon has added a statement about the recent lawsuit, as well as a link to a page on RDR with information on and the ability to order the book, on the Harry Potter Lexicon. Text is below. You can read about the filed lawsuit and J.K. Rowling’s statements here, and statements from WB and RDR here.

The statement is:


Dear Friends,

I would like to thank each and every one of you for your support in recent days. Everyone here at the Lexicon, all volunteers, regrets the unpleasantness. We have always been interested in working with the publishers of the novels to satisfy their concerns, interests and needs and we certainly do not plan nor have we ever planned to publish anything which competes with Ms. Rowling’s fine literary capabilities. Our work has nothing to do with fiction writing and is only concerned with legitimate critical analysis and academic considerations. It has been widely approved and employed by Ms. Rowling herself.

My book was started in response to many, many people who talked to me and asked if there could be a print version of the Lexicon, not in some sort of attempt to profit off of fans. Because the material for the book was not only accepted but praised and used frequently by every entity concerned with creating the Harry Potter books, games, and films, I would never have thought that a print version could be judged differently.

I sincerely hope that this matter can be resolved amicably and ask for you patience and understanding during that process.

Steve

Steve Vander Ark
The Harry Potter Lexicon


Again, you can read about the filed lawsuit and J.K. Rowling’s statements here, and statements from WB and RDR here. Also of note: RDR Books has amended its statement several times since TLC first posted it, most recently to add commentary following yesterday’s post about the WB and RDR Q-and-As.

Other new details are as follows: Following yesterday’s post which said there was a possibility that essays would be included in the Lexicon, several Lexicon essay writers have publicly said that they were not asked for permission to have their essay reprinted, and some essay writers have been assured by Lexicon staff that there will be no essays in the book at all. We have asked the publisher which is correct and will amend this post if we get an answer.

Update: RDR books answered our query with a lengthy statement that neither confirmed nor denied. We’ve asked for a more direct answer and have yet to receive one.

Update 2: TLC has received word via a reliable source that the initial email to Steve Vander Ark and RDR Books was phrased as an attempt to appeal to the Lexicon’s status as a site favored by J.K. Rowling. It also, according to the source, clearly named Warner Bros. as at stake and called Vander Ark a friend of the series and someone publishers/lawyers/agents were sure did not want to disrupt Rowling’s rights. RDR has called the email “threatening and abusive” and claimed that Warner Bros. only claimed rights after RDR sent them a letter regarding the timeline on the Harry Potter DVDs.

Also in the time since this issue began the book has risen from ranked lower than 230,000 in Amazon.co.uk books, to 7,034 as of this posting.

Update 3: A reader has commented that they ordered the book in the UK, which was slated to have a Nov. 5, 2007, publication date; the order was pushed back to January, 4, 2008, instead.


The Harry Potter Lexicon is a partner site to The Leaky Cauldron. The opinions and claims argued here do not constitute The Leaky Cauldron’s opinion or claim (of which it has none).

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1640 Comments

jam

Steve is on a thin ice here. I think he made a mistake allying himself with a greedy publisher and is now suffering because of it.

No ill wishes for Steve but it’s obvious that JKR and WB are absolutely right here.

Posted by jam on November 05, 2007, 04:48 AM report to moderator
lolz

If they really try to argue that this is similar to an academic or scientific paper I’ll laugh really hard.

Posted by lolz on November 05, 2007, 04:49 AM report to moderator
Ashes

amadis, you’re obviously not following me.

The lawsuit does claim copywrite infringment. I think the argument, by which I mean response (or defense since we’re dealing in legal terms) won’t be that its not copywrite infringemnt, but rather that copywrite law doesn’t apply at all. Okay thats all from me for tonight.

Posted by Ashes on November 05, 2007, 04:50 AM report to moderator
lovesron

I’m sorry, but Steve’s just plain wrong on this one. I mean come on, saying that essays from his site are going to be used in a book without asking their author’s permission, its just sloppy. The same can be said for rdrbooks.com, the website of the lexicon’s publisher, which displays a large banner reading “WHY DOES WARNER BROTHERS WANT TO STOP YOU FROM READING STEVE VANDER ARK’S HARRY POTTER LEXICON? FIND OUT HERE.” and flashing it in red, pretty much screaming unproffesional. This whole thing is rediculous, this is not an analysis book, but simply a listing of someone else’s ideas, and because of that, can not be legally printed. End of story.

Posted by lovesron on November 05, 2007, 04:53 AM report to moderator
amadis

An encyclopedia of a fictional series of novels using someone else’s characters is not the same as a scientific paper. A scientific paper can reorganize established facts that are in the public domain, like Norway is part of Scandinavia, or whatever. But the fact that Draco Malfoy is the son of Lucius and Narcissa Malfoy is not in the public domain. It’s not the same as a scientific paper.

Posted by amadis on November 05, 2007, 04:53 AM report to moderator
LemonFresh

Quote: “Because the material for the book was not only accepted but praised and used frequently by every entity concerned with creating the Harry Potter books, games, and films, I would never have thought that a print version could be judged differently.”

That shows an astounding lack of foresight and consideration on the Lexicon’s part. Aside from the part where saying the Lexicon was “used frequently” by “every entity concerned” is a bit of a stretch, a printed book which you are SELLING is entirely different than a free website, even if it has the same content. And I really think Steve should know that.

The scientific paper discussion is interesting. I’m really not sure that copyright law can be applied in the same way, though. (I don’t know enough about either scientific papers or copyright law.)

Posted by LemonFresh on November 05, 2007, 05:01 AM report to moderator
sikhchicky

If Jo says to cease and desist, just drop it. It’s her world, her choices; the Lexicon wouldn’t be a thought in anyone’s head if it wasn’t for her. Respect the woman who made you (Steve) a household name among Potter fans.

Posted by sikhchicky on November 05, 2007, 05:01 AM report to moderator
Mom Weasley

Wouldn’t water quality guidelines be meant to be freely accessed? If not, perhaps you would be so kind as to C/P their copyright statement which says something to the effect of “No portion of this… may be reprinted in whole or in part by any means… without express permission…” and I’d like a link to that set of “guidelines” with a copyright statement that precludes anyone from using them.

Will you be publishing and selling these re-organized guidelines for a profit if they do have a copyright statement?

If there are such copyright statements and your teacher is telling you to ignore them and to copy verbatim without permission, it’s a lousy teacher. Although, as long as you were only using these re-organized guidelines for a school paper and would not be publishing them and selling for a profit, I’d imagine the copyright holder would not care. Much like JKR doesn’t care about the free Lexicon website, but DOES care about profiteering from her copyrighted works.

Posted by Mom Weasley on November 05, 2007, 05:02 AM report to moderator
zoltan42

I love this part. ”...I would never have thought that a print version could be judged differently.”

He’s got to be kidding. Once you charge for something, that makes it a commercial project, which is the essence of copyright infringement.

Posted by zoltan42 on November 05, 2007, 05:08 AM report to moderator
defense

So a guy comes out and says he really didn’t expect this and he hopes it works out ok, and you all just jump on him. That’s awesome. Good job guys. He’s obviously not a real Harry Potter fan (even though he probably knows more about that world than anyone in this world – 1). So go ahead and bash him in support of your god – I mean favorite author.

Oh, and boycotting the site, that’s hilarious, no one cares. Combined with putting a caution on Leaky for reporting news and remaining steadfastly unbiased in the face of this slam-fest. Classy.

Posted by defense on November 05, 2007, 05:15 AM report to moderator
blah

what caution on leaky?

Posted by blah on November 05, 2007, 05:20 AM report to moderator
Leggers

It does seem like Steve made a rather large mistake, but I forgive him- he seems like a truly kind and genuine guy. I hope this situation is solved soon. :)

Posted by Leggers on November 05, 2007, 05:27 AM report to moderator
lolz

“never would have imagined” – EXCEPT FOR THE PART WHEN THEY EMAILED YOU IN SEPTEMBER, STEVE. You didn’t have to imagine after that.

This is hilarious.

Posted by lolz on November 05, 2007, 05:31 AM report to moderator
:/

Oh, Melissa. What an awkward position you must be in right now!

Posted by :/ on November 05, 2007, 05:32 AM report to moderator
wishy

This entire debacle is rather like watching someone with very twitchy fingers dance around a big red button with the words SELF DESTRUCT printed on it…

Posted by wishy on November 05, 2007, 05:39 AM report to moderator
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