Reference guides and companion books about literary works have been a critically important part of literature since its inception, and the right to publish them stood largely unchallenged. We agreed to help defend the Harry Potter Lexicon because J.K. Rowling's claims threatened that right, and because we believe the fair use doctrine protects the Lexicon, and other publications like it. We tried the case in April in a Manhattan Court and waited through the summer for a decision.
Today we found out we lost. In a thoughtful and meticulous decision spanning 68 pages, the Court recognized that as a general matter authors do not have the right to stop publication of reference guides and companion books about literary works, and issued an important explanation of why reference guides are not derivative works. Needless to say, we're very happy the Court vindicated these important principles.
But the Lexicon did not fare so well. The Court held the Lexicon infringed Ms. Rowling's copyright, was not protected by fair use, and permanently enjoined the publication of it. (Read the full decision here.)
Needless to say we're disappointed, as is our client, RDR Books. Careful and thoughtful as the decision is, we think it's wrong. So stay tuned to see where we go from here. In the meantime, thank Roger Rapoport, the Publisher of RDR Books for having the courage to stand up for free speech and fair use. He fought a fight that not many would have the stomach to fight, and we are proud to fight with him.
While you're at it, thank Steve Vander Ark. It's not easy to stand up to your hero, or bear the unjustified scorn of your fellow fans.
Finally, remember that avada kedavra -- the killing curse -- is not always fatal. One wizard survived it. Three times. And it was he who cast the spell (and won't be named here) that ultimately suffered for it. Maybe someday the Lexicon will be known as The Book That Lived.
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I had a question. I am an attorney and I read the decision. I noticed under section D on page 66 that the judge stated the Lexicon in Its current form is not Fair Use. I also noted that the judge gave a list of parts of the book that be found troubling. Does this Order in fact prevent a revised Lexicon from being published?
He should be allowed to copy straight from the books without adding original material! Why is she being so mean about this? Who cares if it's in violation of Fair Use?
It's absure she would sue over this. The internet and fandom was two big reasons that Harry Potter was as big as it was.
Let's hope her upcoming movie takes a hit because of this.
No, I really don't think this will have any impact on her upcoming movie. A good movie will surely be a hit irrespective of any factors that influence it, take for example the movie Harry Potter. So, we got to wait and see the result of her new movie.
you really made me enjoyed by letting me read such a nice article. i was a great fan (i am actually) of the harry potter series. J.K Rowling really turned out a famous person after writting harry potter and the series was one of its own kind and when you talk about the upcoming book which was held by court i think that really dont effect Rowling in anyway.
Are you comparing the infamous Boy-Who-Lived "Harry Potter" to a book that copied from JKR's works?? Don't get me wrong, I like the Lexicon, but that's too cocky.
Sorry banning a lexicon like that is just insane. It enhances the readers overall experience and doesn't infringe on J.K. Rowlings work in any way. Stupid.
One other person above said that he should just be allowed to copy. That's ridiculous and certainly infringing her rights. Honestly ...
Anyway, good piece, nice to hear it from the mouth of somebody really close to the case, for once. Honestly, I think the book should be published, but according to Jo there are some section that are just copied and only minorly modified, without even quoting it correctly. There must be some truth in that, because she's never gone out of her way to do this before, even though several reference books have been published before, and she was on good terms with the HP Lexicon. But even so, that would only require a couple of modifications? Are you going to try again with a modified version?
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