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Harry Potter and His Copyrighted Magic

mojo-photo-harrycopyright.jpgIt's the epic struggle of our time: Scrappy internet fair-use exploiters vs. authors and their corporate overlords. But this time, the battle has, you know, wizards and muggles or whatever. Harry Potter author J. K. Rowling appeared in a New York courtroom last week to defend copyright infringement charges against Vander Ark, the creator of the unauthorized Harry Potter Lexicon web site, after plans were revealed for a book version. While some commenters attacked the site as "something parasitic on years of hard work by Rowling," the potential publisher of the Lexicon pointed out that giving authors too much control over "books about them" is dangerous:

We would have to get approval before we could write or publish on people’s work. They would control critical commentary on their work, at any time, whether it is our kind of book or an Associated Press article. It would create total chaos in the area of critical commentary. Frankly, I don’t think that would be good for anyone, even the authors themselves.

Rowling herself has appeared somewhat self-contradictory on the matter, first complimenting Ark's work and insisting she "never ever once wanted to stop Mr. Vander Ark from doing his own guide," but during the trial she came close to tears, describing the book version of the Lexicon as "wholesale theft."

To say that the Internet has changed the notion of copyright is like saying internal combustion changed travel. For sure, AP says, the web is "awash with fan-produced material that could be the subject of a copyright fight, from remixed pop songs to new fiction based on existing characters." Hmm, remixed pop songs? What do they mean? Jeez, even the link to that news story (filtered through Google) brings up the issue: Does Google's news roundup violate the copyright of the original sources? It's all so confusing! Doomsayers predict a future without art, since nobody will make stuff if they can't be compensated: "Not only will hordes of people lose their jobs," insists a blogger at the UK Guardian,
"but our next Burt Bacharach or Lamont Dozier won't write their masterpiece, being too tired after working double shifts at Tesco or TGI Friday's." Lamont who now?

Clearly I'm a bit biased, but this all seems a bit hysterical to me. Should the estate of, say, architect Gregory Johnson, get paid every time the Empire State Building appears in a film? What if someone builds a copy in Vegas? And what about all-powerful Google sending vans with cameras down your street and taking pictures of your house? While you might be perturbed if you were busted going into a sex shop, should you be paid for the use of the images? Once something is created, to a certain extent it becomes part of the landscape, cultural or otherwise. Of course, when a digital copy of a thing is indistinguishable from the thing, that's when it gets complicated, and the Harry Potter trial appears to be an attempt to figure out just how distinguishable the Lexicon really is. But it's hard to imagine how even a book version of the Lexicon could be any different, qualitatively, from a critical review of Rowling's oeuvre. And criticism, my friends, is something I will always use my magical powers in defense of, no matter how many evil wizards try and stop me.






Comments

This isn't about "internet fair use", it's about publishing a book where 90% of the material comes directly from J. K. Rowling.

And Vander Ark has done this before. He admits on the hp lexicon website to having sold a Star Trek: The Next Generation season 1 excyclopedia at convetions in the late 80s.

Posted by: wydok on 04/22/08 at 11:26 AM  Respond

Also, Jo isn't contradictory. She told Steve he could have his website. Nobody involed with Harry Potter has sued any of the fan websites or fan fiction writers. She's even praised it.

She even told him he could write the book if he changed it enough so it was more original work. But with 90% of the book being direct quotes from JK's series, there isn't much original content.

Posted by: Wydok on 04/22/08 at 11:30 AM  Respond

The free flow of ideas is the reason ideas dont get protection. Only the expresion of an idea gets a copyright. The lexicon is not an idea for a novel it's an encyclopedia. The idea being different yet needing the original as does paordy makes
it fair use. To say otherwise stifle creativity and is an abuse of copyright.
TYhe idea/exporession dichotomy is how copyright reconciles itself with the 1st amendmemt, by saing copying just for the sake of copying is a valueless contribution tro society and does not "promote the progress of science and useful art" which is the primary purpose of the limited monopoly the constitution ask us to tolerate.
We need to stop the "this is mine" mentality and start think about sharing. Get rid of greed and we will all profit

Posted by: Anonymous on 04/22/08 at 2:53 PM  Respond

Excuse the typoneze/

Posted by: Anonymous on 04/22/08 at 2:55 PM  Respond

There is a pretty big difference between literary critique and repackaging and republishing someone else's work for profit. The issue at hand is how little orignal material is included in the Lexicon and how much profit Ark is expecting.

Posted by: Kate on 04/23/08 at 11:14 AM  Respond

The problem here is that Mr. vander Ark would be selling his lexicon for money. This isn't the same as putting up a website that people can view for free.

If he wants to make money on a book, he should write his own, not recyle someone else's.

Posted by: Mrs. Garside on 04/23/08 at 1:38 PM  Respond

I don't think it's about sharing here. It's about someone trying to profit from someone else's work! Would you like for someone to arrive at the end of your workday and say, hey, I suggested you apply here, now give me x-percent of your paycheck? Let's keep this what it's about: protecting someone's work and preventing someone else to profit from it! :)
Why couldn't the guy asked her if she would be willing to cooperate on this project? Using her work to make money without her approval is definitley not the proper thing to do!
(He could have submitted a written proposal offering a percentage of the proceeds, ensuring she understands that all the work would be done by him categorizing material written by her!)

Posted by: Ms. B. on 04/23/08 at 4:40 PM  Respond

The Lexicon is, essentially, an encyclopedia. It organizes Rowling's work, makes it searchable, and offers definitions of terms, creatures, and spells, as well as giving timelines. As such, it's been a useful resource, and Rowling has, in fact, praised it and said she used it herself. Encyclopedias and dictionaries are perfectly legal, IMO. Mr. Vander Ark has said that he was doubtful about publishing a print version, but went ahead because fans asked him to.

There is no way the Lexicon, in print, would have harmed Rowling. It would have been better, I think, had she simply allowed it to proceed and then published her own encyclopedia, which would contain unique information. As far as the legality goes, the only issue that worries me is whether all the online contributers are getting credited and/or paid. If they are not, Mr. Vander Ark has a problem, because he's stealing their work. Otherwise, this is a tempest in a teapot, IMHO. Criticism and commentary are indeed fair use and all artists should expect such. If Ms. Rowling wins this case, it will have a wide-reaching chilling effect. I really think the case should have been settled and should never have come to trial.

Posted by: mary on 04/23/08 at 8:00 PM  Respond

The whole idea behind working is service to others. They reap the benefits of the work we as servants provide. So working is all about sharing with others the fruits of our labors. Copyright law comes from, a concept to provide an incentive to promote that and when that ios abused the it becomes a tool to distribut wealth in an unfair way to those who are greedy.

Posted by: Anonymous on 04/24/08 at 5:35 AM  Respond

Again excuse the typos :)

Posted by: Anonymous on 04/24/08 at 5:42 AM  Respond

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