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-   -   Harry Potter Lexicon publication halted (UPDATE #3) (https://www.snitchseeker.com/harry-potter-news/harry-potter-lexicon-publication-halted-update-3-a-58909/)

EmmaRiddle 09-08-2008 05:52 PM

Harry Potter Lexicon publication halted (UPDATE #3)
 
Today Judge Robert Patterson ruled in favour of Warner Brothers and J.K. Rowling in their copyright infringement case against RDR Books, who were intending to release a Harry Potter Lexicon written by Steve Vander Ark. He said that the defence;

Quote:

"had failed to establish an affirmative defense of fair use" and publication of "The Harry Potter Lexicon" should be halted."
Thanks to Blog Hogwarts for the tip!

----------------------
UPDATE: Warner Bros has sent us the following statement in response to the judge's decision:

Quote:

We are obviously pleased with today’s ruling by Judge Patterson supporting the position that the proposed lexicon book infringes on Ms. Rowling’s rights. As a content company, it is imperative that we work vigorously on all fronts to protect the intellectual property rights of those who create the stories and characters, words, pictures and music that entertain and benefit the worldwide audience.
J.K. Rowling also released a statement in regards to the ruling:

Quote:


“I took no pleasure at all in bringing legal action and am delighted that this issue has been resolved favourably,” said J.K. Rowling. “I went to court to uphold the right of authors everywhere to protect their own original work. The court has upheld that right.

The proposed book took an enormous amount of my work and added virtually no original commentary of its own. Now the court has ordered that it must not be published.

Many books have been published which offer original insights into the world of Harry Potter. The Lexicon just is not one of them.”
UPDATE #2: The Guardian has a brief comment from Steve Vander Ark on the outcome of the case;

Quote:

Of the Harry Potter Lexicon, Vander Ark said that although yesterday's judgment appeared to leave "a lot of leeway" for a revised edition, there were no immediate plans to produce one.
UPDATE #3: A statement from RDR Books is now online, which reads;

Quote:

"We are encouraged by the fact the Court recognized that as a general matter authors do not have the right to stop the publication of reference guides and companion books about literary works. As for the Lexicon, we are obviously disappointed with the result, and RDR is considering all of its options."
The full transcript from the outcome can be found here; it notes that the publisher has to pay $750 per book that was infringed, bringing the owed figure to a total of $6,750.

ebony_wandson 09-08-2008 06:08 PM

Not a big suprise. It couldn't go any other way, really. And no offence to Vander Ark, but I would rather have Jo's compendium of Potter, than any one else's.

HarryThePotter 09-08-2008 06:13 PM

That's great! (:

Slytherin Fox 09-08-2008 06:18 PM

I think this is good news! What is the point of trying to sell the Lexicon, anyway, when it is on the Internet for free? This is nothing but copyright infringement.

MeredithRodneyMckay 09-08-2008 06:34 PM

That's great news!
As ebony_wandson said...I'd rather have a lexicon/encyclopedia from JKR,then at least it would be official. :)

Bonnieginny 09-08-2008 06:40 PM

good good i'm pleased with that

Ginevra_P 09-08-2008 06:44 PM

Amazing news! He never would have won!


Go Jo!!!:woot:

northernsuburbs 09-08-2008 07:00 PM

A forgone conclusion ... and a waste of money.

Kazters 09-08-2008 07:00 PM

Thats fantastic news it really is. Jo and every other authors work should be protected. i really do hope the Vanderark leaves Jo and her work alone now and dosent appeal the decision.

fallen-angel 09-08-2008 07:03 PM

Clearly it would end this way.

Tommehbell 09-08-2008 07:30 PM

I would rather get it from JK as well I mean no one knows the HP universe like she does and I am sure she could do it better.

mmesnape 09-08-2008 07:31 PM

That is good news. :)

evanna11 09-08-2008 07:43 PM

Yay, go Jo:)

Mrs. Ginny potter 09-08-2008 07:48 PM

It's not really a surprise that Jo and WB won but i am relieved that the judge finally ruled in their favor. I was getting a little worried, it was taking him sooo long to realize that Vanderark was in the wrong!

gandalfgirl 09-08-2008 07:48 PM

Good thing they stopped it.

LunaLovesPudding 09-08-2008 07:58 PM

Go Jo! Knew this would happen anyway. =D Result!

Tryc 09-08-2008 08:00 PM

thats good. its just wasnt right to do.

FoxFire 09-08-2008 08:00 PM

WHOO! suck on it

..."Halted" is kind of a temporary-sounding word. Does it mean "never ever" in this instance?

Luna Laufghudd 09-08-2008 08:01 PM

oh yes thank goodness !
I would have been utterly horrified if the judge didnt rule for JK/WB, i was also getting worried as i thought it was pretty obvious how it should go. But then again im no judge and have no clue about the work behind it all.

Congratulations Jo! :D

Agreeing with FoxFire, its a scary word ''halted'' it doesnt sound like it is confirmed like a ''never'', i guess its untill the judgement is lifted or something.
Anyone with information as to what it can mean?

ginervaginnyp 09-08-2008 08:11 PM

I'm so happy for J.K. Rowling, I know she's happy about it, and so am I. It was obvious that she would win

argentinaz_angel 09-08-2008 08:15 PM

About time this ended, hm? Too bad for the Lexicon, they must be feeling pretty bad right now, but I agree that it was wrong to print Jo's work and claim it your own only for re-organizing it

Patronus Charm 09-08-2008 08:17 PM

Quote:

Originally Posted by Kazters (Post 7176754)
Thats fantastic news it really is. Jo and every other authors work should be protected. i really do hope the Vanderark leaves Jo and her work alone now and dosent appeal the decision.

I agree, this guy was a bit of a nutter. I just cross my fingers that Jo does publish this in the future.

Cassirin 09-08-2008 08:42 PM

There were a lot of larger copyright issues at work and we'll have to see how things play out. There are already authors out there who won't let people use their work for FF... so while I understand where Rowling is coming from, I'm curious about how other authors might use this standard to limit fair use of their work. Especially in sites like SS.

Paint.the.Limelight 09-08-2008 08:56 PM

Ok good...I'd rather have one from JK anyway.

EquestrianGal88 09-08-2008 09:00 PM

Well Good! The system works...sometimes. :)

Hermionespell 09-08-2008 09:32 PM

I'm glad that the ruling was in favor of JKR.

Ms_Nessa24 09-08-2008 11:32 PM

Its Good To Know we Have the Judicial System On Our Side! I Completely and 100% Agree tot his verdict!

French_December 09-09-2008 12:10 AM

Way to go, Jo! :band:

ladycplum 09-09-2008 12:23 AM

Kind of sux that the website is down too tho.

Lily Evans 09-09-2008 01:15 AM

There was no other way....

....great news....hahaha sorry that you waste your money!! ;)

Zoe 09-09-2008 01:41 AM

That's why you should never mess with Jo's work. She will win seeming it is all hers.

EmmaRiddle 09-09-2008 02:03 AM

Quote:

Originally Posted by FoxFire (Post 7177012)
WHOO! suck on it

..."Halted" is kind of a temporary-sounding word. Does it mean "never ever" in this instance?

Quote:

Anyone with information as to what it can mean?
They can appeal the decision.

Quote:

There are already authors out there who won't let people use their work for FF... so while I understand where Rowling is coming from, I'm curious about how other authors might use this standard to limit fair use of their work. Especially in sites like SS.
That should be a non-issue, because it's non-profit. Most good-natured writers realise that.

Quote:

Kind of sux that the website is down too tho.
That's down to the maintainers. The lawsuit didn't involve the website.

RedheadQueen 09-09-2008 02:41 AM

:woot: Congrats Jo and WB!! :woot: We knew it would/should go this way anywho!

inthelatemaydecember 09-09-2008 04:52 AM

Quote:

Originally Posted by EmmaRiddle (Post 7178950)
That should be a non-issue, because it's non-profit. Most good-natured writers realise that.

I'm so grateful with JKR for being one of those authors who is able to be positive towards fanfiction. That she considers it evidence of how much people love her world, and how much her creativity inspires that of others, is just amazing. That's the way it should be, IMO. I know I have nothing but respect for the writers who's creations I fic for.

half_blood_prince 09-09-2008 05:30 AM

thats good, because i don't believe that they should have did it in the first place.

expectopatronum 99 09-09-2008 08:50 AM

Great result for JKR & WB - it's amazing that SVA (despite trying to keep himself at arms length through RDR) thought he could get away with it!

JKR & WB are incredibly tolerant of not for profit FF and other work based or influenced by HP, which is one of the many reasons the HP fandom exists. All we have to do is be considerate and respect JKR's & WB's rights or we could loose a lot of the freedoms we now enjoy.

Serena 09-09-2008 11:59 AM

Finally :D Well there couldn't be other possible outcome
Good for Jo

WobblingMolly 09-09-2008 01:14 PM

Quote:

Originally Posted by Cassirin (Post 7177305)
There were a lot of larger copyright issues at work and we'll have to see how things play out. There are already authors out there who won't let people use their work for FF... so while I understand where Rowling is coming from, I'm curious about how other authors might use this standard to limit fair use of their work. Especially in sites like SS.

Well, the ruling was pretty simple. It came down to whether or not the Lexicon was considered fair use, or more specifically, transformative. The judge ruled it was not transformative. Why? It wasn't because he rearranged Jo's work in an A-Z order. That problem was he used direct quotations from the books for his character, spells, and creature descriptions. He stole Jo's "descriptive" and "creative language" for a huge portion of his book. The guide would also hurt the sale of Jo's companion books, because they had nearly been copied "wholesale."

So this ruling does not set any new standards for reference works and companion guides for fiction or non-fiction. As long as an author uses their own words to describe their entries, that it should be transformative.

As for the websites, the lexicon website was never mentioned in the ruling. It had no effect on the decision, so implied license was never part of the judge's decision. This is good news for fansites. However, to be honest, fansites are deriviative works, so technically we could have been shut down years ago. However, WB already went through all of that and realized it was a dangerous route to take PR wise. I think they will pick their battles. As for other authors and copyright holders, they still can shut down sites if they want to. They've always had that right.

Ginevra_P 09-09-2008 02:13 PM

Jo did the right thing.


I hope they don't plan on doing any "revised edition" as they are saying, because no Potter fan would want that. I would rather have Jo's Encyclopedia.

FoxFire 09-09-2008 02:44 PM

Quote:

Originally Posted by EmmaRiddle (Post 7178950)
They can appeal the decision.

Ohhh. Watch them try, too <_< Since this whole thing began, they've copyrighted the text on the Lex, so you can't copy anything. This would be valid for the essays, but everything on the site? Not so much.

EmmaRiddle 09-09-2008 02:47 PM

^ Or they could produce a revised edition with less paraphrasing of the books.

bitsyandtank 09-09-2008 02:50 PM

I think it's a good decision.

Mari of the Ocean 09-10-2008 01:18 AM

it's good everything went smoothly

phoenix_tears 09-12-2008 08:33 AM

Nice ~!

Freak_4_Harry_Potter 09-21-2008 06:17 PM

Thats good! Id prefer one from Jo anyway.


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