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.
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).
“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…”
Arrogant much?
Good lord. I can’t believe he’s really delusional enough to think that what he’s doing is legal and ethical. Is this really the sort of webmaster The Leaky Cauldrono affiliates themselves with?
Small clarification on my preceding post – I make it sound as though Steve is expecting to be paid by JKR or WB – obviously that’s not what it’s about, but what I meant was that they would allow him to make money by selling something which they hadn’t asked for or wanted. And BTW, the Augusta Longbottom post was written by amadis, if you want to check Steve’s writing style.
I don’t understand the point about Steve being hired for the task. I don’t think JKR was “hired” to write the original books either. She simply wrote them and then solicited them to the publishers. The real “peer review” process in this case takes place at the cash register when people decide to buy the book.
Whether or not someone asked him to do it isn’t particularly relevant – it is whether or not it is legal that is relevant. Someone could ask me to break the law but that would not excuse me of the responsibility for my own actions.
Mr. Blood – yes, I agree that the legality of the thing is what is most relevant. JKR is an original creator, so even though no one asked her to write, the value of the product made it popular. Steve is not “creating” in that sense, his work is derivitive. If JKR or WB had “hired” him to do published work, his work would not be illegal, since they hold the rights. But you’re correct in a sense that people vote with their wallets by buying the books. Unless the courts forbid them to get that far, because they rule that Steve doesn’t have the right to publish that material.
In earlier threads, commentators like mars and twoflowers22 wondered how this affair will affect JKR’s interaction with her fans. I’ve been wondering the same.
One of the unique and absolutely wonderful aspects of the entire HP phenomenon has been JKR’s approach to fans. In addition to the books themselves, she has been willing and (thanks to the Internet) able to give more to her readers than any author has ever done.
Then again, for the very same reason you could easily argue that JKR has made her bed and now must lie in it. Can’t you just imagine Stephen King tut-tutting: “I told you so in Misery. You give them a finger, they take an arm. Or a leg.” With her generous interaction, kindly nods like the fansite award and downright flattery like admitting to using the Lexicon, JKR has created some über-fans, and it was only a question of time before one of them was no longer content to be a humble servant of the fandom (like TLC seems to continue being, kudos to them) but sought to become a co-owner of the source material.
Then again, all those things that JKR has done for the fans have been such a rewarding addition to the reading, and she has so far managed the interaction with such grace and style, that we must hope that this affair can be resolved with dignity and that her faith in her fandom survives.
But whatever the outcome, this mess will provide fascinating material for some future scholar of the writer/reader relationship.
Well, ultimately, the legality will be determined in court or by a mutually agreeable settlement between the parties involved. I’m certainly not a lawyer or an expert on the law, but that doesn’t preclude me from developing an opinion. And my opinion (and hope) is that Steve is allowed to publish his book (provided he has all the required permissions from his contributors!) I don’t think that Jo or WB will suffer any damages monetary or otherwise.
Let’s see: Monetary, her lawyers are racking up bills. Sure, she can afford it, but just becuase she can afford it doesn’t mean she should throw money down a legal black hole.
Non-monetary: some (thank god, few, and only those who don’t really seem to get the facts here) are turning against her. That’s a damage. For Steve trying to cash in on HER. This is ridiculous. Horrendous.
Steve should be leaving the fandom in shame, not trying to win the case and be vindicated. It’s gross.
I’m not saying here that I am agreeing with the publication of the Lexicon. But looking at what may happen in court.
Yes, we can compare what Steve Vander Ark has done at the Lexicon with a scientific paper. That sort of “lexicon” work is done about any great author in the academical field , when characters and fact are dispersed on many books of the same author (I’m French so I think of Balzac or Proust !) ... And this kind of work are published and sold by university people, every day.
The HP books are fiction, OK, but fiction is a “material” for literary studies. Some of these studies are critical studies, but other may be “organizing” work, on which the critics may rely, if this “organizing” work is serious and complete.
So I agree with Ashes and Matthew Parry : the lawyers of SVA could argue the academicals work.
What I don’t know, about those literary academicals publications is: does the editors need, or not, some form of authorization of the editors of books involved in the study ?
The discussion about thesis was interesting, but we should search on the side of laws concerning academical (= university) literary books.
Mrs. W: I agree. JKR has been, maybe, overly generous. As fans, we’ve enjoyed countless websites, fan fiction and her own site including the Wombats. Many authors would not have interacted with the readers or permitted use of their story that way.
If JKR hadn’t written Harry Potter would Steve still have been able to make this book? No. If he wants to make money he should try getting creativity of his own.
Annia: I encourage you to read this blog as well. It gives a more in-depth look at the issue.
http://praetorianguard.livejournal.com/271214.html#cutid1
WIlliam Patry, not Matthew Parry, admits he is not familiar with the Lexicon. He cannot truly judge if the Lexicon is within the context of fair use if he has not spent a lot of time going over the site or reading the Lexicon manuscript.
While I do not yet have my legal degree, a few issues seem clear (to me, anyway). Comparing the Lexicon to an unpublished work such as a report is erroneous. It is an encyclopedia which will be published to make a profit. Please, read up on fair use before you claim such things.
I would also like to point out that comments on the Lexicon have once again been disabled. This seems highly suspicious. I’m so disappointed in SVA. I hoped that SVA was simply caught up in the VERY unscrupulous seeming RDR books, but from his comments, it does not appear this is the case. JKR (or her people, whatever) declined to write an encyclopedia with him and served RDR and SVA with cease and desist orders. JKR (or her people, whatever) declined to write an encyclopedia with him and served RDR and SVA with cease and desist orders. That should have been an indication of their displeasure, at the very least!
This is not necessarily about supporting JKR over SVA: JKR is in the right, both legally and ethically, in my opinion. If SVA had complied with fair use, or complied at all, I would not support the action taken by JKR and WB. The truth of the matter is SVA does NOT have license to publish the Lexicon simply because he is “Lexicon Steve.” I find it interesting no one is decrying the fact that a HP encyclopedia written by someone not in the fandom will remain unpublished because of another lawsuit brought on by JKR and WB.
I honestly hope that SVA does not become buried in all of this, but JKR deserves to have her copyrights upheld, and it seems highly likely this will happen. It will be a very sad day for copyright holders everywhere if RDR wins this suit.
I just cant agree with Steve. I love lexicon, and it should remain in cyberspace. If its not for profiting off of Harry Potter information, then it shouldn’t be published. The Lexicon is essentially not a critique of Harry Potter so much as a reference, much like the one planned by Rowling no doubt.
“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. ... 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 @ 12:15 AM
I do agree to some extent with “defense”, in that the amount of slamming of Steve and each other in these comments is pretty extreme. I think JKR has the right of it, legally, but to say that Steve is a horrible person is a bit much. Sure, I don’t like his actions much, but maybe he’s a nice person making stupid choices.
I think that people saying that Steve should still publish the book are being a little idealistic. I sincerely doubt that’s going to happen, now. Yes, the Lexicon book would not have made even a tiny dent in JKR’s encyclopedia revenues. However, I think she had to go after it, legally, to preserve her rights in future. Heck, maybe she would have been okay with the Lexicon being out there – but from what I’ve gathered, she (and WB) has to make sure that no one infringes on her (and WB’s) trademarks. Also, maybe she sees it as a bit of a betrayal that one of her fans would write an encyclopedia without her permission when she was planning on doing one herself. Even though they wouldn’t be the same. And it totally wouldn’t affect her sales. :D
"Fascinating though your social life undoubtedly is, Miss Granger," said an icy voice right behind them, and all three of them jumped, "I must ask you not to discuss it in my class. Ten points from Gryffindor."
“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…”
Arrogant much?
Good lord. I can’t believe he’s really delusional enough to think that what he’s doing is legal and ethical. Is this really the sort of webmaster The Leaky Cauldrono affiliates themselves with?