Rewriting other people’s works is a bit different, of course. Shakespeare worked using older material as his inspiration.He certainly wasn’t the first to tell a ‘star-cross’d lovers’ tale, for example. Composers sometimes took themes and melody lines written by others and put their own spin on that music, writing variations on those themes. That is part of the creative process. It is not the idea which is original, but how that idea is developed and shaped.
But simply gathering facts and material from the ‘Potterverse’ and repackaging that information into book form isn’t a reimagining, or a variation. It’s an attempt to make a profit off of material that isn’t the packager’s to sell.
Neither Rowling nor WB own the idea of an “orphan boy discovering he’s a Very Important Person in a magical world, then entering that world so that he can defeat an Evil Force which threatens it.” Story patterns are as old as storytelling itself, and no writer can copyright a pattern.
What a writer can copyright is how that pattern is presented. Everything relating to the ‘Potterverse’ is Rowling’s (and WB’s). They have every right to sue for infringement if another person is attempting to make a profit by repackaging those particulars.
I hope that, if the suit goes forward, the plaintiffs win.
Well, I hope they can reach an agreement. I love both sides and couldn’t imagine the HP fandom without the Lexicon to win our Dueling Clubs.
Ok, so Steve counter sues JKR and WB for using his timeline on the DVD’s, a timeline that he made completely off the information that JKR has given, from books that SHE wrote, and characters and a world that SHE created.
That has to be the most illogical and hypocritical thing I have EVER heard of! Shame on you steve!
I was definitely on the Lexicon’s side for awhile, but I am starting to rethink everything. Regardless, the definitive information in an encyclopedia would have to be directly from JKR anyway. Mr. VanderArk even said that if there was something that JKR said, like the date of a birthday, that even if it doesn’t fit with the book’s timeline, anything she said would be canon. Therefore, without permission from her or Scholastic, it would be impossible to have a correct representation of the novels. I hope that all of this comes to a quick conclusion. Thanks for keeping us posted.
It is not at all unusual for attorneys to not discuss settlement offers/discussions. First of all, such negotiations are usually agreed to be confidential, and typically all documentation of such negotiations bears a heading such as, “Confidential: For Settlement Purposes Only.” In short, nothing of significance should be read into attorneys for either side refusing to discuss any portion of a settlement or settlement discussions. Also, there can be legal effects associated with statements made by one party or another…statements can be used as admissions against the other side, etc. Once attorneys are involved, especially the caliber of attorneys that Jo can afford, the depth of information available to the public will be limited, almost exclusively, to what is filed with the court (that is, those documents Leaky has linked to at Justia.com). Remember that everything filed with the court, although it is supposed to be truthful, will be slanted in favor of the party who filed it, as much as possible. Therefore, reading the filings by Jo’s attorneys will (and should…that is the point) sway the reader to think she is right, while the filings by the publisher’s attorneys will (and should) sway the reader to think that it is right. Copyright law is very complex, and this case will rely greatly on past legal precedent, something that is not always clear from the pleadings.
I’ve been thinking about this a lot, and i have to say overall,—like what many others have said, i’m very saddened by this. It just seems to me that RDR is taking this a step further than it needs to go. I can’t say for sure if i think this is exactly what Steve things himself, but it certainly seems like the lawyers want to make this a bigger fight than it needs to be. I support Jo fully, she absolutely has the right to take the proceeding steps she has thus far.
I’d like to see this end amicably, though i don’t know if this is possible, with the agressive nature of RDR. I don’t mean to sound terrible saying that, but JK has made so many appeals to make this friendly and they have not taken those opportunities. I’m going to try and remain positive about this, and hope that it really well end amicably.
And thanks to TLC and Leaky for their professional stance, i have great admiration for you for reporting it this way.
oops, my bad. I meant to say “what steve thinks”, not “what steve things”... haha.
If anyone is confused or doesnt understand some aspects of the case-definitly read this. Its the case against Steve/RDR. Its very fascinating reading and its an excellent case against them. They have provided plenty of information…http://online.wsj.com/public/resources/documents/harrypotter.pdf
Waiting patiently, and watching carefully. Thank you, TLC, for your unbiased reporting of this “event”.
Mrs. Lovegood, even though it’s listed on Amazon, Mugglenet is no longer releasing their encyclopedia after they received a cease and desist order from Jo and WB. RDR and Steve received the same order and chose to ignore it.
I’m not sure why more companion books haven’t received the same heat. It’s possible that they did, but we just haven’t heard about it. It’s also possible that those enclycolpedia’s weren’t attacked as heavily because many of them included “Unofficial” or Unauthorized” in the title. That is one of the reasons JKR/WB are suing Steve: false advertising. The book does not say that it is an unofficial lexicon.
“By not having objected to the Lexicon’s publishing of the material before, and even praising the site, she may not be able to stop it from being published again in another form. If the case turns that way, I would think many HP fan sites will likely be shut down.”
I fear this is a very good point. Any site or fan endeavor (including wizard rock) that contains Potter or related material that does not fall under the critique/commentary category – or considered otherwise entertainment – could be at risk for a sort of preemptive shut down before they ‘get the same idea’ to commercialize their work.
I can’t say I’d blame them if they did though. In fact it just makes me all the more infuriated with the RDR/Lexi camp for taking advantage of all the allowances Jo has given fans to enjoy her material collectively with each other in good faith that the fans in charge of them wouldn’t turn around and shove her generosity back in her face.
Potter fans should be beginning to realize that a ‘victory’ for this Lexi book can quite realistically cripple our fandom as we know it. The only question is, what can we do other then sit idly by?
It’s been interesting to see how all of this has unfolded in the Harry Potter fan community. TLC has consistently reported everything without bias, but the folks at Mugglenet.com have made no comment on its website regarding the official status of its encyclopedia, which seems similar in scope and content.
Obviously, in SVA’s case, nothing can go forward until the plaintiffs have had an opportunity to review the manuscript in question. Now, after reviewing it, the plaintiffs are proceeding, on the grounds that the contents violate Rowling’s copyrights to the Harry Potter novels.
All of this has nothing to do with the other books about Harry Potter written by other writers. This has everything to do with one specific book—the HP LEXICON in book form.
At this point, the lawsuit will run its course, unless RDR Books decides to not pursue the book project. At this late date, though, less than 3 weeks away from the publication date, the book in question must either be at the printer or must immediately go to the printer, to meet the ship date of Nov. 28.
As a longtime Harry Potter fan and admirer of Ms. Rowling and Steve Vander Ark, I can only hope that this ugly matter is soon resolved and Rowling can let us know if she’s planning a facsimile edition of her handwritten book, with the proceeds to benefit charity. (The encyclopedia is years away, it seems.) The 7-copy edition, with her illustrations, is a “must” for all Harry Potter fans, and a mass market edition is the only way we’ll ever see a copy.
TLC reader : “TLC, endless thanks to YOU for your professional reporting of this matter. I think it is the most important thing going on in HP fandom right now and I am saddened to see that every other fansite is simply ignoring the issue at this point.”
As you do, TLC reader, I come to TLC knowing I will have professionnal informations that I need about that sad affair. And I thank TLC for it.
Posted by on November 08, 2007 @ 09:24 AM
Just want to add my voice to the chorus: Thank you, Leaky, for your ongoing professional reporting on this topic.
Tiffany, if you hold a degree in English you might be familiar with one Will Shakespeare – only two of three of his plays weren’t re-written versions other people’s work. Not that this was considered a bad thing, it was the norm.
The concept of copyright is a fairly new one. If it wasn’t for plagiarism literature wouldn’t be what it is today.
Thought isn’t property.