
Over the past few weeks, I’ve been following J.K. Rowling’s suit against Steve Vander Ark, founder of The Harry Potter Lexicon. The website organizes Rowling’s Potter mythology into alphabetical order, so that a visitor may look up the definition of a word (and its uses in the Potter canon), or the biography of a character in the series. The Lexicon won Rowling’s Fansite Award a few years ago, and with the conclusion of the series, Vander Ark decided to go forward with plans to release the Lexicon in book form, despite the opposition of Rowling and Warner Brothers. Rowling brought suit, and the media coverage has been extensive. What is surprising is how ill-researched the coverage of the trial is. Because of lazy reporting, there are a lot of misconceptions about the trial circulating the internet. Before we examine those, let us examine the one key point that the media got right: the outcome of this trial will have legal repercussions that will influence copyright law in areas that extend far beyond Harry Potter and its fandom.
Misconception #1: J. K. Rowling is very rich. Therefore, she should allow Steve Vander Ark to share in the wealth.
This argument has not been presented by the media, but it has made its way into several boards and fan comments. Furthermore, news articles in “legitimate news sources” like The Chicago Tribune and MSNBC.com are painting Rowling as a Goliath trying to crush the vulnerable Steve Vander Ark’s David. An incredibly cliched and badly written article in The New Yorker compared Rowling and Vander Ark to Athena and Arachne, and painted a portrait of a wounded Steve, who expressed his complete befuddlement regarding Rowling’s cool reception of him at the trial. If we accept the notion that this case has wide-reaching repercussions, then it is of the utmost importance that the correct side wins, even if this side is the very wealthy Rowling and Warner Brothers. To put this into perspective, we must think of struggling authors, those who are not wealthy, who deserve protection for their work. The verdict for this case affects them, as well. Rowling’s wealth is irrelevant; if the Lexicon book infringes on her intellectual property, then she deserves protection under the law. Her bank account and Steve’s should not figure into the decision or into the coverage of the trial.
Misconception #2: J. K. Rowling is greedy. She wants to write a her own encyclopedia, and fears that Vader Ark’s book will minimize her personal profits from it.
Rowling doesn’t seem to me to be a hoarder of money. She has gifted vast sums to charities in the past. Furthermore, she has written books with the express purpose of donating their proceeds to charity (Fantastic Beasts and Where to Find Them and Quidditch Through the Ages). She made a hand-written book, The Tales of Beedle the Bard, which also raised millions for charity. She does, indeed, intend to write a Harry Potter Encyclopedia, but the profits of this work will go to charity also. If she has any concerns about its profits (such concerns are unlikely, given the popularity of the Potter books), her concerns have nothing to do with a greedy need to increase her personal fortune.
Misconception #3: Rowling opposes any books that try to cash in on the Harry Potter phenomenon, and therefore intends to bar all related works.
If you’ve gone to a bookstore within the last couple of years, you’ve seen several Harry Potter-related books on the shelves (ex. The Complete Idiot’s Guide to Harry Potter, The Magical Worlds of Harry Potter, Harry Potter and Philosophy: If Aristotle Ran Hogwarts, The Psychology of Harry Potter, etc.). Several of these books are marked as unauthorized, meaning that they are not endorsed by Rowling, but she is nevertheless aware of their existence. In the trial (the transcripts of which can be found on The Leaky Cauldron website), these books were discussed, and it was emphasized that Rowling made no attempt to block their publication. Whatever she feels about their quality (or lack thereof), she has chosen not to pursue undue legal action against books that fall outside of her copyright protection. On the contrary, she has encouraged the publication of at least one such book, Melissa Anelli’s chronicles of Harry Potter fandom (not yet released). This brings us to our next point…
Misconception #4: Steve Vander Ark’s book is protected under Fair Use, a legal clause that allows for the critique, analysis, parody and general discourse surrounding someone else’s work.
Fair Use is a wonderful thing. Without it, there would be no film reviews, no book discussions, no parody shows and no resources to include in our academic papers. Several people share The Chicago Tribune’s opinion that:
“A Rowling-Warner Brothers victory could make potential commentators think twice about doing a book on a cultural phenomenon, such as “The Sopranos” or ” American Idol.” Conversely, if RDR wins, they would have more leeway to write commentaries, references and parodies.
The concern is so great that the Right to Write Foundation has donated tens of thousands of dollars to RDR Books (Vander Ark’s publishers, and the actual defendants of the suit), stating on their website:
The case has implications for anyone who comments on a book, song or other creative work on Facebook or YouTube, lawyers say. It also will help define how much control authors have over their characters, according to legal experts. “This is an example of an author trying to control every commentary about her works,” said David Hammer, one of Rapoport’s attorneys. “If it’s successful, scholarship and even playful commentary on literature that’s under copyright will be awfully difficult.”
Notice that the “legal expert” they quoted is one in the employ of Rapoport, owner of RDR Books. Also, notice that both these sources failed to acknowledge the fact that Rowling HAS ALLOWED publication of Potter-related books in the past, even if she does not actively endorse them. This has led to the misconception that Rowling opposes all such works. On the contrary, Rowling has a history of supporting anti-censorship organizations. Also, unlike other authors such as Anne Rice, Rowling has allowed and encouraged internet fanfiction featuring her characters (ex. The Sugar Quill). Her concern is not with Potter-related books in general, but with the Lexicon in particular, because it literally uses her words. This is not a case concerning a book that analyzes Rowling’s work, and brings its own set of ideas to the table (an example of such a book is the excellent Harry Potter and Philosophy, as well as the other works mentioned above). This is a case concerning a book that takes Rowling’s work, word for word, and rearranges it without bringing new content that would qualify the Lexicon as an original text. To add insult to injury, The Leaky Cauldron reports that the Lexicon book does not even cite the sources of the information that it is presenting. If Steve Vander Ark were a college student, he would fail any project that lacked such critical citations, and there are indications that he knew the endeavor was a shady one. Initially, he had refused to publish his Lexicon, precisely because of copyright concerns, and when he agreed to RDR Books’ offer, he demanded a clause that would compel RDR Books to pay all legal fees in case of a lawsuit.
Misconception #5: Rowling promoted the Lexicon website, and gave it a Fansite Award. In the trial, she called the Lexicon a “sloppy” text. Why is she so inconsistent?
Here, I will admit my limitations in the area of law, and express confusion as to why the Lexicon’s quality was brought up at trial. I don’t see whether its being great text or shoddy text matters, so long as it is Vander Ark’s text. I can say, however, that there is a huge difference between presenting the Lexicon as a free website and publishing it for +$25 a copy. Clearly, the difference here is the Vander Ark has now entered a situation in which he seeks to profit from Rowling’s work, something he was not doing with the website. This is the equivalent of taking a piece of Harry Potter fanfiction and releasing it in book form. Actually, it’s worse than that, since the fanfiction would presumably be an original story, created by the new author, which is more than we can say about Vander Ark’s Lexicon.
My reaction to the suit is clearly pro-Rowling. Legally, no one should profit from someone else’s work, period. This opinion does not stem from a blind devotion to her, but from a concern about the protection of intellectual property and copyright. Let us remember that copyright was established to protect the artist/creator and to ensure that he can benefit from his work and continue to create. If creators are not protected this way, then anyone can steal their work, and they would lose significant resources necessary for their continued creation of new works. It is surprising to me that any author, or any organization that seeks to promote writers, would support the work of a man who threatening the very core of copyright protection, something that authors should hold dear. I also expected that the press, when covering the case, would take care to research it more thoroughly. One can only hope that the verdict of the trial is a fair one, not one based on such a lack of integrity as the press has displayed in its coverage of it.
-Artemis