The Star Trek book SVA describes in that YouTube link is not the book I was thinking about.
Here is an interesting article and gives some food for thought on thi matter. The article is written by Columbia Law Professor, Tim Wu.
http://www.slate.com/id/2181776/
Kathy,
I have read that article previously and think that the professor who wrote it was not being very scholarly. Wu cites the Beany Baby case. Beany Baby’s are items where the owner had no writing to copyright. JKR has seven books of writing to protect.
The case he should have cited is about a Seinfeld trivia book that is similar to the Lexicon book in that it also contained almost no commentary and analysis and just facts. Wu either does not know or realize that JKR has let other guides be published about her world, they just have to pass the guidelines of fair use.
The thing that makes the Lexicon so useful, that it is just the facts with no commentary to get in the way, is what makes it so hard to get past the fair use guidelines. It is sad because one of the E-mails presented in the brief makes it clear that SVA used to recognize this.
Over at the leaky lounge we have been discussing the legal aspects of this case for the last 2 months in the Pottercast area. We are on Part 3 of the debate. Parts 1 and 2 were VERY strong on the legal analysis.
By the way, look at paragraph 10 above, it is a very direct answer to Wu. on the issue of Fair Use.
Joining ImHermoine in applauding Hinema! Folks we all need to lighten up and laugh a bit…starting with at ourselves
Thank you! Don’t forget to tip your waitress!
Levity aside, this is a very serious situation, if it should, however slim the chance, set precedent. I recall the defense directly implying that by allowing the site to exist, Jo had abandoned her rights to prevent publication of the material, and fair sue declared immaterial. That kind of precedent, should a judge rule this to be the case, could have an enormous effect on all of fandom, as any creators could well be justifiably afraid to allow fansites to use any of their material whatsoever for fear of similar situation, and of having their rights to their creation similarly declared as ‘abandoned’.
Mr. Vander Ark, all due respect, should have cooperated from the beginning, allowing the plaintiffs to judge whether the book was allowable under fair use and working to modify it if it was not. No one forced either him or Mr. Rappaport to adopt the confrontational and disrespectful attitude they have clearly shown in the noted documents. Now, their best hope [two bit opinion] is likely to admit guilt and hope for a lenient settlement [/two bit opinion]. However, considering the potential fallout this could have had- and may still have- I don’t blame many for being appalled and upset.
I understand that situations like this can and will likely occur in the future but this really is a stan on the Pottermania history (for fans and the amazing author). Like said above, i would love it if they tried to solve it over a cup or two of hot beverages. May all be set right in the world, for the next generation of crazy Harry Potter fans. Long Live the memory of Dobby
If I went into my local hardware store and re-arranged some of the items on display by manufacturer, the owners would probably just about put up with it. But if I picked them up, took them outside and started to sell them to people they’d probably get quite upset. Fair enough set up a fan site, but you can’t sell what isn’t yours.
Very good point Richard Reece, also why would I buy something that I can easyly get for free on the website. What is SVA do about that will he close the site so people have to buy the book instead? I don’t get it
Pa-the-tic.
SVA is finished. Here’s hoping that someone from among the remaining “elite” scholars and experts working on the Lexicon asserts their copyright and saves the site from this mess.
I don’t want to minimize SVA and co. hard work and beautiful site. They’ve worked HARD. They got recognition for their hard work from JKR herself on her website. It sounds like SVA got a big head and forgot what the Lexicon is first and formost: A fansite. A JKR/Harry Potter fansite. He didn’t create Harry Potter. None of this would exist without JKR’s imagination. He has no right to profit off of her imagination against her wishes in this way. I don’t care what the legal jargon says. If JKR doesn’t want something, then as a fan of her work he should respect that. It makes me think that he’s forgetting where this all started, love for JKR’s great series. J.K.R deserves to have her encyclopedia and ONLY her encyclopedia out there for her fans. It’s her work from her brain and I’m sure it would top even the best the HPL (as wonderful as they are) could do. I’d rather have JKR’s encyclopedia than HPL’s. SVA should do a behind the scenes book about HPL how it got started, who are the masterminds behind the site etc. etc. It’s very sad when the movie industry has more consideration for a writer’s wishes than her fans. LOL
I think what upsets me the most is that all fandoms, from now on, will be affected by this one case. Steve, not only without Jo’s blessing, but with her saying to him don’t do this, could possibly remove the joy that fans like us encounter when sharing ideas on sites like this.
I think JKR will win, all of the facts of the case seem to be in her favor and Steve has stepped out beyond the realm of normalcy for fans, but other authors will remember this case.
If Jo wins this case, and I’m sure she will, then I think Harry Potter fans will still be safe in on wonderful websites with caring staffs like this one. But you can bet that other authors will not be so forgiving, they will not be so unlikely to allow online fandoms to flourish because another SVA might be lurking. I think because of SVA we’ll see more authors refuse to allow their work chronicled the way its been done on the high quality sites like TLC and others.
My wife is a Science teacher, and she uses the animals mentioned in the series as a way to teach classification. She has lists of all of the animals in the series, and of the potions that were taught in Snape’s class. The lists were compiled by 5th graders. I know that the Lexicon web site is much more detailed and much more in depth. But if you give anyone the time it takes, and several VOLUNTEERS to help out, then any one of us could have authored that book, especially if the pages we see are typical of the entire book.
I don’t feel sorry for Steve at all. The Lexicon is a great WEBSITE and it is great for referencing things when writing editorials and such, but why would you put it in a book format? If want to read books i will go pick up one of the best seven books in the world and start reading it!
Steve reorganises JKR’s work, with no new content and i agree with the many people who have said that any fan could recreate the lexicon if we wanted to!
Also did any one else notice the line about profit… “This was not discussed with all Floo webmasters.”
Uh… why not?! hmmm????
I don’t know how involved SVA is involved with this, or if he got caught up with RDR and is bound by contract, but I find RDR’s actions reprehensible. I sincerely hope they lose. If they don’t, I know I will not be buying the book, as I can find everything I need on the website and within the books. I highly anticipate The Scottish Book because from the way Jo described the way she wanted to do it on PotterCast, it sounds highly creative and interesting. Not only will we have a ready guide, but more canon and also a glimpse into her writing process. Those little “prizes” on her website of notes will be tactile and in our hands. I wonder if she’ll include her artwork of the characters and settings?