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Lexicon Update; Schedule Moved, RDR Request for JK Rowling's Notes Denied (Updated)
Companion BooksAn update containing JKR/WB’s response to RDR’s requests for information is at the second half of this post.
A few things of note today in the case by JKR/WB against RDR Books and those who wish to publish a print version of the Harry Potter Lexicon:
Firstly, the schedule has been moved again. RDR requested and received an extension to file their reply to the complaint. It was scheduled to be due on Feb. 5; it is now due Feb. 8. JKR/WB will reply by Feb. 27. There will be a hearing on the matter in New York on March 13.
Secondly, a judge has denied RDR’s request for copies of the notes that would comprise J.K. Rowling’s encyclopedia, but granted that JKR/WB submit statements J.K. Rowling has made in “publications” regarding her plans for her encyclopedia.
The letter, which you can download here in parts one, two, three and four (or view online here), is from David Hammer, lawyer for RDR, and says that the notes are requested in order to “test the merits” of J.K. Rowling’s claims that she is going to write an encyclopedia and that part of the reason for suppressing the HPL would be to suppress potential competition. RDR asked for “copies of any prepatory materials that Ms. Rowling has drafted or authorized to be drafted, including notes, outlines, drafts, marketing proposals, etc.”
JKR/WB indicated to RDR that they would resist the request, and so RDR asked the judge to convene a discovery conference, which occurred on Nov. 30. At the conference RDR argued, according to this letter, that the notes would determine “how far Ms. Rowling had progressed in this project…how similar, and thus how competitive, Ms. Rowling’s guide, and the Lexicon, were likely to be.” At the time, the letter says, the judge “expressly stated that defendant was entitled to anything that Ms. Rowling had so far composed or authorized.”
When RDR made the request for the papers, a lawyer for Ms. Rowling responded that:
“Ms. Rowling has made notes relating to each of the seven Harry Potter books which she will use in writing her long-planned Harry Potter companion guide. In addition, Scholastic’s Harry Potter continuity editor, Cheryl Klein, among others, has indexed the characters, places, creatures, spells and other things from the Harry Potter world which Ms. Rowling created. Ms. Rowling’s U.K. publisher, Bloomsbury, has similarly copiled four huge volumes of material constituting a comprehensive ‘bible’ of the Harry Potter world. Ms. Rowling believes the information from Scholastic and Bloomsbury to be more detailed and accurate than any other outside source (other than herself) regarding the Harry Potter series, including the Lexicon Website. Ms. Rowling would be free to draw on the materials from either of her two publishers should she choose to do so. The process of turning her existing notes into the definitive encyclolpedic Harry Potter companion guide is ongoing and is being continually augmented with the addition of further material from her creativemind on a regular basis.”
The letter states that RDR submitted a request for the materials in that response, and that JKR/WB provided nothing. (However, large portions of the Harry Potter ‘bible’ mentioned are freely available in the public court documents filed on January 16.)
The letter also states that JKR/WB responded that RDR’s request was “irrelevant and not calculated to lead to the discovery of admissible evidence as the status of Ms. Rowling’s planned companion guide is irrelevant to the determination of whether Defendant has infringed Plaintiff’s copyrights in the existing Harry Potter works at issue.”
RDR says, “If plaintiffs no longer assert that the Lexicon must be suppressed to protect Ms. Rowling’s right to publish a future companion guide, they should make a clear and explicit statement to that effect. Absent such a statement, Ms. Rowling’s notes are highly relevant to this case.”
The letter asks for: 1. The notes that JKR has made on the seven novels 2. Cheryl Klein’s full index 3. Bloomsbury’s ‘comprehensive bible’ 4. The ‘further material from Ms. Rowling’s creative mind.’
The letter also notes that JKR/WB cited confidentiality concerns and stated they are willing to abide by any ‘lawyers only’ restriction to the review of materials, except for one expert witness.
The note from the judge at the bottom of the letter requires JKR/WB to provide RDR with statements contained in publications listed by JKR/WB in a response to one of RDR’s claims, but denies the rest, saying that RDR has “not shown the Court that any further discovery about Ms. Rowling’s notes would be helpful to Defendant’s position.”
You can read the full breakdown of the complaint filed by JKR/WB here and here. We will provide more information as it becomes available.
UPDATE
We’ve now reviewed the JKR/WB response to RDR’s requests (which also includes the text of those requests), which was sent as a letter to Judge Patterson, the NY judge overseeing the case. This is a 21 page document that says:
1. JKR/WB object to what it sees as RDR’s “pattern of writing the Court whenever it wishes without first making any effort to meet and confer, lte alone giving sufficient advance notice of its intended communication with the Court.”
2. The lawyers on the JKR/WB side called the attempt to access the “top secret, personal, proprietary notes” as “extremely burdensome and unnecessary for the resolution of any issue in this case, particularly in light of Ms. Rowling’s interrogatory responses and the documents that Plaintiffs produced in support of theirm otion for preliminary injunctin.”
3. At the Nov. 30 hearing RDR said it required “expedited discovery” to determine the ‘palpability’ of JKR’s planned encyclopedia, and that the court said RDR could serve interrogatories (which are requests for information) as well as seek discovery on any manuscript. That manuscript would be subject of review inside the judge’s chambers (not handed over). (The Court, according to this letter, did not originally grant full right to JKR’s notes at the Nov. 30 meeting, just gave RDR the right to request it – and presumably prove why they are necessary.)
4. JKR/WB responded to those requests for info by saying there was no manuscript of outline but that JKR had notes, and her publishers had indexes. After this response RDR requested “All COMMUNICATIONS and DOCUMENTS REFERRING OR RELATING TO” [caps in document] JKR’s notes as well as any further material. JKR/WB’s side say they far exceed the scope of discovery that RDR indicated it would require on Nov. 30, and says that they thought the documents from Scholastic and Bloomsbury filed with the motion for injunction would suffice to fulfill RDR’s request.
5. The note calls JKR’s notes and publishers’ materials “completely irrelevant” to the question of whether the Lexicon book infringes copyright. “Obviously, needing to concede copying, RDR’s defense to such copying is based on fair use. It is in connection with RDR’s fair use defense that Plaintiffs have addressed the issue of potential market harm. ... Whether or not the books would be similar or identical and therefore directly competing is not the correct inquiry; it is rather whether or not Ms. Rowling would generally enter the market for companion books, which she already has done with her first two companion guides and has repeatedly stated she will continue to do with her planned encyclopedia to the world of Harry Potter.”
6. Even were the notes relevant, the letter says, JKR/WB is not saying that JKR’s notes are similar to the Lexicon book but that Scholastic and Bloomsbury’s guides that JKR may draw on are similar to the Lexicon book.
7. JKR’s “overwhelmingly sensitive” notes would serve “no legitimate purpose othre htan to harass Ms. Rowling. Rather, the burden of producing these notes far outweighs any benefit to RDR in obtaining them.”
The exhibit attached is an objection to RDR’s requests for then notes, saying that the requests:
-Seek information that is protected by attorney-client privilege, work-prouct doctrine, right to privacy and “any other applicable legal, statutory or constitutional privilege.” -Seek the disclosure of confidential, proprietary or trade secret informatoin -Seek information that RDR may otherwise obtain from public sources (ie, whehter JKR plans to write a companion book or not, not the content of her notes)
It also notes the objections don’t constitute acknowledgment of the relevance, importance or admissibility of any issue discussed.
The first request from RDR (No. 1) was for: outlines, proposals, manuscripts, marketing plans, lettres of intent or contracts that JKR has drafted, authorized to be draftd, or received from any of hre employees or agents concerning the encyclopedia. RDR asked that JKR/WB describe each document’s contents in detail, identify when it was composed and where it is presently located, and who holds it. JKR/WB responded that the request was vague and ambiguous, overbroad and unduly burdensome, because it does not seek a response toa question and is supopsed to be part of an expedited discovery process, which “generally only allows for very limited discovery demands.” It is apparently also very different than what was asked for on Nov. 30.
The second request from RDR (No. 2) was for JKR/WB to identify and describe all communications about the encyclopedia involving JKR or “any person that [she] has authorized to act on her behalf, and ay other person,” and to describe the content, idenfity when the communication took place, and identify the parties involved for each communication. JKR/WB’s response was the same as for No. 1, generally – claiming it is burdensome and overbroad, and not relevant, and such information subject to many restrictions, including lawyer-client privilege. It also notes that JKR has told reps from hre literary agency from as early as 2000, of her plans to write such an encyclopedia, and her agency has acted on her behalf to many other parties since 2001 – including pubilshers – though no contracts have been drawn. It also says she has made many public statements to that effect.
RDR, this exhibit reveals, also attached to its requests for information a press report from MTV News that says JK Rowling has not yet started her encyclopedia,and will take a break from writing before she does. RDR requested that JKR/WB state whether that is true, and describe any further public statements – as well as identify by name, address, phone number and affiliation the reporters who were present at that press conference, as well as a transcript of the press conference. JKR/WB responded with similar complaints to No. 1 and No. 2, and says that the quote is not inaccurate in that JKR had not yet, at the time of that conference, started to turn her notes into a manuscript, but she is “augmenting her existing notes.” She took a break after her tour, but “nevertheless penned some additional materials that are intended for inclusion in her Harry Potter companion guide.” The document then lists instances of 88 press reports of her statements on the encyclopedia ranging back to 2001, and mentions television interviews as well as Leaky’s PotterCast interview and several other web site postings that dealt with the possibility of her publishing an encyclopedia. This is the portion of RDR’s requests for info that the judge granted – that JKR/WB describe these statements, most or all of which are public record.
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I don’t know if anybody else get a creepy similarity with Stephen King’s Misery? “I’m your biggest fan” sort of parallel… it’s really sad to see how low some people can sink to gain fame or attention; that, or he got some delusions of grandeur after being part of the potter time line… Sad and pathetic
He should realize how much damage he’s causing to himself, to JKR and the fandom. My sympathy goes to Jo
LMB3, as a writer myself (unpublished but in the process of looking) I am following this very closely. Yes, a win in the favor of RDR will affect all fandom. A writer will refuse to allow any fansites to exist without their express permission because they won’t want the owners of those sites to then use the argument that since this information was allowed to exist on the web, I can turn it into a book for my own profit per the RDR/HPL case.
In fact, I am leery of allowing any such thing to exist if and when my books are published for this reason alone. Even if RDR loses, a precedent has been set for an attempt, and the next person could do the same thing, only tweaking things just a little in hopes of succeeding where RDR failed. Even if they were full of it, it would still tie up the author with the hassle of having to deal with such a lawsuit.
This is SERIOUSLY ridiculous… first of all, because their definition of “fair use” is inherently flawed. “Fair Use” is a law that permits characters etc. to be used for works of ANALYSIS for profit OR for FREE works of most kinds if the author permits (but technically, she could make the lexicon take down its site all together). However, merely CATALOGING her work for profit is NOT protected as free use. Not even close!!!!! I truly admire what Steve did with the Lexicon, but even the fact that he is taking this to court to begin with makes me really upset. It IS NOT his work in any way. I hope that this is mainly RDR’s lawyers talking and not him, I really do. And then I hope that those lawyers crash and burn, because they have no legal standing as the laws are currently written… essentially, allowing RDR to win would negate copyright law as we know it!!! Arrg!
I still urge caution, friends. Intellectual Property is hot – very hot – in the legal profession right now. Copyright laws aren’t working now that we have the web and it is international. Copyright just doesn’t work internationally. Believe me, lawyers are not interested in the printed word – that’s the ruse, not the point. I know many of us are very young adults who populate fan sites, but you aren’t too young to learn more about this.
The direction is toward “Branding” – not copyright – which can then be introduced for enforcement internationally. Websites like Leaky or Mugglenet should think very hard about what it will mean when the “words” are branded. We all love Jo Rowling very much – and appreciate what she’s done. But that shouldn’t blind us to the larger issues at work here and ones that will have long term affects on what we put on websites or how we use words (not just graphics and symbols) that are branded as intellectual property.
I’m just saying.
zr
mippi:
I said it before, it depends on what exactly the ruling is. Even if it is for the Lexicon Book, I can’t believe it’s status as a web site would play into it. I find that idea absurd.
As far as someone else using an RDR loss in this case as a basis for a similar case, the very fact that they lost would have them starting with a strike against them.
The world is full of law suits that are completely ridiculous. They’ll never go away. As long as they keep losing, I don’t see it changing anything. In the end, the fan sites generate too much publicity for anyone, or at least almost anyone, to want them shut down.
On the other hand If I’m completley wrong and it turns into a disaster for all fandom everywhere, it’s not like any of us can do anything about it.
Thanks for all your hard work Melissa but I think this can only run and run until Steve pulls the plug and faces the financial consequences. RDR will never give up because they need to make this into a cause célèbre that they can then use to pay off any costs they have incurred. By making out they are taking on a monster American capitalist international conglomerate who are censoring competition and crushing the small guy, they can get endless financial backing from those gullible enough to believe them; either that or enough publicity to get another publication associated with the case onto the market for profit. No doubt in the end they will simply publish an unofficial book under the banner the book they tried to ban !!!! The fact that this is nothing more than the result of Steve’s blighted ambitions and the opportunistic meddling of congenital conflict merchants within RDR will no doubt pass their supporters, and the purchasers of the book, by. Welcome to the land of the deluded.
“I don’t know if anybody else get a creepy similarity with Stephen King’s Misery? “I’m your biggest fan” sort of parallel… it’s really sad to see how low some people can sink to gain fame or attention; that, or he got some delusions of grandeur after being part of the potter time line… Sad and pathetic” ~Snape-Snake-Snack
Wow...Yes,I do get that! (now that you mention it) And it is rather creepy. I was watching the "special features" on my OoTP dvd the other day,and every time SVA came on,I couldn't even look at him,it made me so uncomfortable.I mean,I don't know this guy from Adam,but I have to admit that,like others,the possibility had occurred to me that,like Snape-Snake-Snack said,he had some "delusions of grandeur"...especially after learning how he had inquired about a job w/JKR and been turned down...Idk,it's all very strange...LOL…Now why did my post show up like that? LMAO (like one big run-on sentence that scrolls across the entire screen)
; )
“4. The ‘further material from Ms. Rowling’s creative mind.’”
That may be the most ridiculous thing about this whole fiasco that I’ve yet heard, that they’re actually requesting that she be legally required to hand over things that she’s only thought about, and things that she has yet to think of.
Like others, I can’t believe anyone who claims to be a fan would put the author through this.
It’s JKR’s work, it’s from her brain, she created it entirely herself. She has plenty right to be as protective of it as she wants.
If this Lexicon book does get published, I won’t be buying it. I’ll wait for the real thing. (Unless, if it’s published, JKR decides not to do her own at some point, but if the Lexicon robs us of more details from JKR because of their stubbornness and greed, I’m going to be very upset.)
At this point I’m not sure how much Steve has to do with what is going on. His hands might be tied by existing contracts with RDR which gives them the rights to the lexicon and prohibits him from saying anything. I don’t know this for a fact, but that could be what is going on now.
“The letter asks for: ... ...4. The ‘further material from Ms. Rowling’s creative mind.’”
And how would they go about that? Hook her up to a lie dector? Veritaserum? I keep on thinking of the brains in the department of mysteries.
Posted by Nylorac on February 05, 2008 @ 07:01 PM
HAHAHA- ‘brains”
Urgh, at first I was quite interested in this case, as it involves two people that we are very familiar with in the fandom (as represented by companies & lawyers). Now it’s just getting icky, and I think it will keep getting ickier with back and forth-ing and arguments and stuff, as all legal cases have. I’m not really sure I want to follow it anymore.
This is absurd. I’m so upset for JKR.
Yet another reason to withdraw from the fandom at large post-DH.. It’s just gotten too messy for me.
I will anxiously await Rowling’s official encyclopedia, whether it takes 5, 10, 15, or 20 years. There’s only one reason to buy the Lexicon in book form. Because you can’t wipe your butt with a laptop! Shame on you, Steve Vander Ark. I thought you were a fan.
If we cannot back JKR on this than why are we a fan? The Harry potter Series is hers and nobody else. When she gets time to do the conpanion book than it will be great and she does need a break. So people should just leave her alone.
Though all this is very sad, it makes me kind of proud.
Here we are, Harry Potter fans, discussing Law!
Just shows how all of us have grown so much either directly or indirectly because of JKR and the HP Series.
P.S: Melissa, have you decided to overlook my last post?
Well, despite its “ickiness,” I’m looking forward to following the case. Thanks, Leaky and Melissa, for enabling my addiction! At some point or other, SVA will be able to make a statement. Whether it’s next month or years from now, I’ll be interested in hearing his side of the story – although it’s hard to imagine that it will justify this circus.
Can I just remind people of this point:
“Steve Vander Ark’s contract with RDR contained an abnormality for publishing contracts in general in that the publisher, and not the author, was responsible for copyright infringement claims by J.K. Rowling (but not by others). It also “tried to hide its infringement by insisting that foreign publishing agents not show or discuss the Book with publishers of the Series.”
Somebody posted this earlier but seemed to misunderstand what it meant. SVA hasn’t signed away any rights, in fact, what this has done for him is protect him from prosecution.
If he had been a puppet of RDR, and this lawsut was out of his hands, RDR would have made him the target if they lost. But it’s the other way around. The contract states that RDR would be held responsible for copyright infringement, not SVA.
So for those who are telling us to reserve judgement, here it is anyway: Steve Vander Ark DEFINITELY knows exactly what he is doing, he’s trying to profit off all the work he put into the HP Lexicon, and he’s got RDR to use as a shield if he fails. It’s of no consequence to him whether he succeeds or fails here, really, he’s got virtually nothing to lose. He’s lost the respect of JKR and her publishers, and quite a few HP fans, but people will keep using the Lexicon site.
And thank god the judge wasn’t stupid enough to order JKR to hand over her notes so SVA and RDR could leak them (which is what they intended to do, I am sure).
This whole affair has gotten so underhanded and dirty. It’s pathetic. I can understand why Steve wants payment for creating the Lexicon, but he has no right to actually make profit off it in this situation, and should have stopped this the moment JKR gave him the red light.
To those who are saying this is unfair because JKR has allowed unofficial commentaries and companion books to be published before, consider: that’s up to her. She can choose to selectively enforce her copyright if she wishes.
And she has good reason to enforce it this time. Steve Vander Ark is attempting to publish a book that is not a commentary; it does not contain new opinions, perspectives or predictions. It is merely a refined and repackaged version of information that can be found in the books.
But far more importantly, it will most definitely, to SOME degree, reduce interest in, and sales of, JKR’s official encyclopedia which will of course contain information that does not appear in any book to date. The proceeds of this book will go to charity, making it crucial that Jo sells as many copies of the book as possible.
Since most of the people who post here are hardcore fans, they probably wouldn’t understand, but people who are not hardcore fans, or people who wish to buy a gift for a hardcore fan, may very well choose to buy SVA’s encyclopedia and not JKR’s when it comes around, and loads of people who read Harry Potter wouldn’t read Harry Potter news on an HP fansite or have a clue that JKR was ever planning to release her own encyclopedia.
The bottom line: RDR are ratbags, SVR is no puppet, and JKR is simply trying to maximise the amount of money she can raise for charity.
And that’s my humble opinion on the matter.
Sorry, comments are closed for this article.
Leaky Poll
Since DH was published, your interest in Potter fandom has:
- Increased! I'm more involved now than I ever was!939 (22%)
- It's stayed at the same level of fun it always has!1542 (37%)
- Decreased slightly: I only check sites a few times a week now.1058 (25%)
- Severely lowered. Without new canon, I'm bored.419 (10%)
- It's gone. In fact, I can't even answer this poll because I'm not really visting a Potter site.135 (3%)
OMG!!! I can’t read any further! How could this be dragged on any further?! This is idiotic! Van der Ark and the Lexicon was COMMENDED by JKR – and they didn’t wan’t this to go on! The thing is, he did do something wrong, and WB and JKR were just trying to right it! My suggestion to Steve: DROP RDR!!! Then this whole thing will be fixed!!!