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H.P. Lovesauce
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   Posted 4/15/2008 9:56 AM (GMT -4)    Quote This PostAlert An Admin About This Post.
How much sympathy does she deserve, and how much of a copyright violation is this proposed lexicon?
 
CNN said...
J.K. Rowling says the Harry Potter characters she created are as dear as her children -- too precious to allow an inferior Potter encyclopedia to be published without letting the world know the ordeal is draining her of her will to write.
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Hamstersbane
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   Posted 4/15/2008 2:22 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
It's her creation, her decision. That being said, I don't know how much sympathy she deserves, especially with that kind of over-the-top BS she's spouting there.


Jeff Parish
Jennings Grove, an online horror serial novel
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RHFay
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   Posted 4/15/2008 2:40 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
I think it would be a copyright violation if the lexicon contained actual passages from the books. It could also be a trademark violation, assuming that the characters are also trademarks. If I recall correctly, Rowling is suggesting it would be violation of copyright and trademark.

I'm torn. I certainly can see why Rowling wants to protect her actual work, but an encyclopedia? It sounds more like she's just upset because the lexicon author beat her to the punch. And "draining her of her will to write" sounds a bit over-dramatic.

From what I've read, a decision in favour of Rowling could set a dangerous literary precedent. Think about it - all writers and publishers of popular encyclopedias could face lawsuits of this nature if she were to win. And what about articles? Would it be extended to articles as well? Reviews, too? I say it's a slippery slope.


"I'm going to do what the warriors of old did. I'm going to recite poetry!" 
 
Richard H. Fay - Azure Lion Productions 
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Jordan Lapp
ppaL nadroJ



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   Posted 4/15/2008 2:56 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
I'm baffled that a bunch of writers aren't taking J. K. Rowling's side. She should be able to control her creative content. Period. Even Vander Ark knew it was wrong.


Jordan Lapp
Managing Editor
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Hamstersbane
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   Posted 4/15/2008 3:52 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
I support her in relation to her creeative content, Jordan. I just get more than a little irked by the "draining her of her will to write" bit. Never could stand drama queens.


Jeff Parish
Jennings Grove, an online horror serial novel
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Edward Knight
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   Posted 4/15/2008 4:09 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
As do I. She has every right to protect her property and should to the fullest degree.


Edward Knight
Editor
Journey Books Publishing
Order our newest anthology, Unparalleled Journeys II, now at:
http://www.journeybookspublishing.com

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Jared Evers
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   Posted 4/15/2008 4:47 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
The guy says he had substantial concerns about the idea. If he's such a huge fan, I would think that all that should've been needed was for Rowling to say, "Please don't publish this."

As for drama queens, there seems to be an equal amount of drama on both sides.
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RHFay
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   Posted 4/15/2008 5:06 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
But, but, but...I certainly support her wanting to defend her creation within her legal rights to do so.  However, the fact that she wants to sue the author of a lexicon of the Harry Potter world worries me just a little.  Where would this thinking end?


"I'm going to do what the warriors of old did. I'm going to recite poetry!" 
 
Richard H. Fay - Azure Lion Productions 
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Jordan Lapp
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   Posted 4/15/2008 5:09 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
Where it naturall SHOULD end: People having control of their own creations.

Can you mention a few things you think might be dangerous about such a lawsuit, Richard?


Jordan Lapp
Managing Editor
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TL Morganfield
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   Posted 4/15/2008 5:14 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
I'd have more sympathy if a.) she hadn't come out earlier in her career and praised the work this guy was doing and endorsed it, and b.) if the work in question struck me more as fan-fiction rather than "scholarly" in nature (he isn't rewriting her universe after all. He's providing a guide to it, documented from Rowling's work like any English student would do in their college lit classes.). I personally think that Rowling's realizes that she screwed herself over by openly admitting that she consulted his "encyclopedia" while working on her later books and that kind of endorsement placed more credibility in the information he'd collected than in her own. Will she next try to sue folks trying to publish critical essays in lit journals about her work because "their misinterpretation of what I intended with my work is draining my will to write!"


www.tlmorganfield.com
The Feathered Serpent's Nest (Blog)

One World stories:

"Night Bird Soaring" in GUD, issue #3 (forthcoming)
"What Makes Us Strong" in Atomjack, November 2007
"The Last Arabian Prince" in Atomjack, November 2006
"Dedication" in Dragons, Knights & Angels, also available in Distant Passages 2.

Sixth Sun Rising stories:

"Ancient Artifacts" in Tales of Moreauvia (forthcoming)
"Love, Blood and Octi" in Paradox, October 2007
"The Divine Conquest of Mexico" in Sorcerous Signals, August 2007

Non-series fiction:

"My Sweet Andromache" in Nanobison, (forthcoming)
"So Weeps the Thunderbird" in Lilith Unbound, (forthcoming

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RHFay
Sage



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   Posted 4/15/2008 5:17 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
Did she create the lexicon this author is trying to publish? No, she created the characters and the setting, but not this particular work. She's suing because she wants to publish her own, supposedly superior, encyclopedia.

You don't see a problem intrinsic in this idea? What, any writer can now sue Britannica or Encarta if they publish something about that writer's work in an encyclopedia entry? Perhaps that's a bit of a stretch, but you never know...

Or, Britanica and World Book both have an entry, and one can now sue the other because they say their entry is better?

I bet some encyclopedia already has an entry about Rowling and/or her books,. Is she now going to sue each and every informational text that contains mention of Harry Potter?

That's what worries me about this whole thing.


"I'm going to do what the warriors of old did. I'm going to recite poetry!" 
 
Richard H. Fay - Azure Lion Productions 
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RHFay
Sage



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   Posted 4/15/2008 5:20 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
TL Morganfield said...
Will she next try to sue folks trying to publish critical essays in lit journals about her work because "their misinterpretation of what I intended with my work is draining my will to write!"

Ah, yeah, I was wondering that, too.  And thinking along these lines, would reviews also be subject to lawsuits?
 
"Your review hurt my pride as a writer, and has drained my creativity!"


"I'm going to do what the warriors of old did. I'm going to recite poetry!" 
 
Richard H. Fay - Azure Lion Productions 
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RHFay
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   Posted 4/15/2008 5:45 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
Here's a suggestion - if her proposed encyclopedia really is so much better, let the consumer decide which is truly worthy of purchase. I bet, even with certain national economies in shambles, there's room for at least two Harry Potter lexicons.


"I'm going to do what the warriors of old did. I'm going to recite poetry!" 
 
Richard H. Fay - Azure Lion Productions 
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TL Morganfield
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   Posted 4/15/2008 5:47 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
Since it's non-fiction about fiction, I think if she did win this it would set a precedent to call into question the legality of things like Cliff Notes and other such references, as well as literary criticism of copyrighted work. I personally don't think she'll win this and that the Lexicon will be deemed a scholarly work and therefore protected. But it's really quite sad to see her acting like this. She's only the richest woman in Britain and she's acting like she'll have to eat out of garbage cans if this reference book goes through (instead of doing the smart thing and just writing her own chocked full of stuff that never appeared in the books and releasing it as an "authorized" version and laughing all the way to bank--or better yet donating those proceeds to charities to make herself look wonderful and giving).


www.tlmorganfield.com
The Feathered Serpent's Nest (Blog)

One World stories:

"Night Bird Soaring" in GUD, issue #3 (forthcoming)
"What Makes Us Strong" in Atomjack, November 2007
"The Last Arabian Prince" in Atomjack, November 2006
"Dedication" in Dragons, Knights & Angels, also available in Distant Passages 2.

Sixth Sun Rising stories:

"Ancient Artifacts" in Tales of Moreauvia (forthcoming)
"Love, Blood and Octi" in Paradox, October 2007
"The Divine Conquest of Mexico" in Sorcerous Signals, August 2007

Non-series fiction:

"My Sweet Andromache" in Nanobison, (forthcoming)
"So Weeps the Thunderbird" in Lilith Unbound, (forthcoming

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erazmus
Master



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   Posted 4/15/2008 5:48 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
I have to fully supportn Rowlings side in this.
Van Ark should have turned down the book deal unless the publisher got the okay, he should have approached Rowlings publishers about doing a lexicon, it sounds like Rowling would have been amendable to that, if properly approached. This isn't the first universe o have an outside write a guidebook for it, but all the others I know of were approved by the owner of the property.
Lackey and McCaffery, those came to mind first. each got a share and a say, and chances are Rowling and her publishers would have gone along as well, for the same. She liked the guys work, she just doesn't want to let him pick her pocket. One doesn't consider the relative means of the victem and the pickpocket when one catches one.
Van Ark could have made tis work out, his current publisher tried to chisel in on the big boys.

Mike


Michael D. Turner
"Psyched Up" in _Turn the other Chick_-ed. E. Friesner-Baen books
www.baen.com
"Dutchman Rescue"in Continuum SF #6
www.continuumsciencefiction.com/orders.htm

"An Incident at Black Tongue Tavern" in _Bash Down the Door and Slice Open the Badguy_ from Fantasist Enterprises:

www.fantasistent.com/books/anthologies/BASH.php
"Stains" in Tales of the Talisman 3-1 www.zianet.com/hadrosaur/index.html
"Morning Coffee" in Every Day Fiction
www.everydayfiction.com/morning-coffee-by-michael-d-turner/
"The Jewel Below" in Flashing Swords
flashingswords.sfreader.com/issues/issue8/vol2-iss8-05.htm
"Happy Landings" in Every Day Fiction
www.everydayfiction.com/happy-landings-by-michael-d-turner/
"Teller of Tales" in Every day Fiction
www.everydayfiction.com/teller-of-tales-by-michael-d-turner/
Read "Silver Shells" In Every Day Fiction
www.everydayfiction.com/silver-shells-by-michael-d-turner/

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RHFay
Sage



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   Posted 4/15/2008 5:53 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
TL Morganfield said...
Since it's non-fiction about fiction, I think if she did win this it would set a precedent to call into question the legality of things like Cliff Notes and other such references, as well as literary criticism of copyrighted work. I personally don't think she'll win this and that the Lexicon will be deemed a scholarly work and therefore protected. But it's really quite sad to see her acting like this. She's only the richest woman in Britain and she's acting like she'll have to eat out of garbage cans if this reference book goes through (instead of doing the smart thing and just writing her own chocked full of stuff that never appeared in the books and releasing it as an "authorized" version and laughing all the way to bank--or better yet donating those proceeds to charities to make herself look wonderful and giving).

Thank you.  That's what I've been trying to say, but it didn't quite come out right.  Been one of those days.
 
By the way, Rowling has already said that she had intended to donate the proceeeds from her own Potter encyclopedia to charity.  I give her kudos for that at least.


"I'm going to do what the warriors of old did. I'm going to recite poetry!" 
 
Richard H. Fay - Azure Lion Productions 
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RHFay
Sage



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   Posted 4/15/2008 5:55 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
erazmus said...
This isn't the first universe o have an outside write a guidebook for it, but all the others I know of were approved by the owner of the property...
What about "unauthorized" guides?  They seem to pop up all the time, especially when something is immensely popular.


"I'm going to do what the warriors of old did. I'm going to recite poetry!" 
 
Richard H. Fay - Azure Lion Productions 
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erazmus
Master



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   Posted 4/15/2008 6:00 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
To a single living authors most current work? I don't think so Richard.
Maybe to a corporate created Video game universe, maybe to a late author's classic stories, but It doesn't really hold up well defending a living author's active universe. Rowling is still free and under strong pressure to get back to that woreld, if not those characters.
Mike


Michael D. Turner
"Psyched Up" in _Turn the other Chick_-ed. E. Friesner-Baen books
www.baen.com
"Dutchman Rescue"in Continuum SF #6
www.continuumsciencefiction.com/orders.htm

"An Incident at Black Tongue Tavern" in _Bash Down the Door and Slice Open the Badguy_ from Fantasist Enterprises:

www.fantasistent.com/books/anthologies/BASH.php
"Stains" in Tales of the Talisman 3-1 www.zianet.com/hadrosaur/index.html
"Morning Coffee" in Every Day Fiction
www.everydayfiction.com/morning-coffee-by-michael-d-turner/
"The Jewel Below" in Flashing Swords
flashingswords.sfreader.com/issues/issue8/vol2-iss8-05.htm
"Happy Landings" in Every Day Fiction
www.everydayfiction.com/happy-landings-by-michael-d-turner/
"Teller of Tales" in Every day Fiction
www.everydayfiction.com/teller-of-tales-by-michael-d-turner/
Read "Silver Shells" In Every Day Fiction
www.everydayfiction.com/silver-shells-by-michael-d-turner/

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RHFay
Sage



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   Posted 4/15/2008 6:47 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
Well, my wife (who has a law degree, works in a law firm, and has seriously researched intellectual property law) just informed me that the lexicon author probably doesn't stand a chance if Rowling is not on board. So Rowling is apparently justified in her suit.

If the law's clearly on her side, then there's not much of an argument here, and I retract my previous concerns.

As an aside, the trademark for Harry Potter is listed as being under Warner Brothers on the official J. K. Rowling site.

Question - is Rowling suing on her own, or is Warner Brothers involved as well? They do apparently have a stake in this. Just curious.


"I'm going to do what the warriors of old did. I'm going to recite poetry!" 
 
Richard H. Fay - Azure Lion Productions 
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Steven the Git
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   Posted 4/15/2008 7:52 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
It does seem the law is on her side and this bloke, and the publishers, have been naughty, if maybe naive.

However to answer the question, I have no sympathy for her, and I don't think this would harm her or her world. I still think it is copyright and wrong, but I don't see how bad it would be. Certainly not draining her.
I maybe a bit of a cynic, but I do think this is more about clearing the way for her own cashing in, than setting the literary world to rights.

Again, if she is right to sue then she is right to sue, but I won't be cheering her on or feeling sorry for her. I've come across a number of writers who've had as tough or tougher lives than her, and still are, and she doesn't seem to do anything to help other writers or the fantasy world (in fact have heard her disparage it and Terry Pratchett seemed far from impressed with her in certain interviews).
As for giving money to charity, anything given to charity can be claimed back when paying tax, so not sure how selfless it would be.
 
Looking at the link, WB are in on it too. CNN even have to make their association clear at the bottom (Time Warner owning CNN and WB)

Oh, and I think the Queen is still the richest over here. I know people say Rowling, but the Queen owns loads of land, besides the other assets. She's still queen of the block.  ;-)


    “Hello, I am William Burton, Head of Recruitment and Integration for the Agency for Peaceful Regulation and Definitive Cooperation of Extraordinary Existence.”
 
spinetinglers.co.uk   Bakemono will not stop!

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Jim Stratton
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   Posted 4/15/2008 8:43 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
I agree with Jordan. She created the tale and universe. She's entitled to protect it from poachers. And that's all the encyclopedia is. It was one thing when this was posted online for free. It's something else when the author/publisher are trying to make money from someone else creative work. Legally/commercially, they need to pay her for the right before they publish. I cannot believe they didn't think they needed to, that they could just publish and she wouldn't mind.

Jim S


Jim Stratton

Forthcoming publications:

“The Heretic” in Tower of Light Online Magazine in Issue #5 (March, 2008).
“Living With Miracles” in Big Pulp Online Magazine in October, 2008.
“One Life, One Arrow” in “Paper Blossoms, Sharpened Steel” due out in late 2009.
“Your Duty To Your Lord” in Morrigan Books' “Age of Blood & Snow”, due out Winter, 2008.

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TL Morganfield
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   Posted 4/15/2008 9:13 PM (GMT -4)    Quote This PostAlert An Admin About This Post.
Well, my wife (who has a law degree, works in a law firm, and has seriously researched intellectual property law) just informed me that the lexicon author probably doesn't stand a chance if Rowling is not on board. So Rowling is apparently justified in her suit.

I stand corrected as well. But I still think she's handled this all wrong.

It was one thing when this was posted online for free.

But if we're talking copyright infringement, monetary gain isn't a criteria. He was in violation the moment he posted it on the web, which is why Rowling's claims of infringement now that she wants to write her own encyclopedia doesn't sit well with me. She knew for years that it was posted there and in fact endorsed it (and consulted it for her own work, so it could be said that she benefited monetarily from his work), but never did anything about it until there was potential money involved. If the interest was truly about her intellectual property, she would have had her lawyers nip that website in bud right away (along with all the other Potter websites of a similar ilk). Suffice it to say that neither party has clean hands in this and while Rowling has the law on her side, it will undoubtedly tarnish her image with a segment of her fan population.


www.tlmorganfield.com
The Feathered Serpent's Nest (Blog)

One World stories:

"Night Bird Soaring" in GUD, issue #3 (forthcoming)
"What Makes Us Strong" in Atomjack, November 2007
"The Last Arabian Prince" in Atomjack, November 2006
"Dedication" in Dragons, Knights & Angels, also available in Distant Passages 2.

Sixth Sun Rising stories:

"Ancient Artifacts" in Tales of Moreauvia (forthcoming)
"Love, Blood and Octi" in Paradox, October 2007
"The Divine Conquest of Mexico" in Sorcerous Signals, August 2007

Non-series fiction:

"My Sweet Andromache" in Nanobison, (forthcoming)
"So Weeps the Thunderbird" in Lilith Unbound, (forthcoming

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SherylNantus
Stablehand

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   Posted 4/16/2008 8:50 AM (GMT -4)    Quote This PostAlert An Admin About This Post.
*looks up*

actually, I'd be more miffed if I were one of the contributors to the webpage - as stated in court by the owner (author?) there's no plans to PAY those people who helped write the entries for this encyclopedia unless it "is successful" - in other words, this fellow's going to not only take a huge hunk of Rowling's work and try to sell it under his wing but also the work of fellow writers who contributed their work for free with the understanding that it'd be accessible to everyone.

it's one thing to put up info for free, another to start charging for it.

supposedly this fellow also approached MANY other publishers before finding this small house willing to risk the legal system. Big red flag there, IMO.

I figure she's going to win. But I could be wrong...
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HTKuehl
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   Posted 4/16/2008 9:44 AM (GMT -4)    Quote This PostAlert An Admin About This Post.
I'm tired, so this may come out rather chopy. I tend to side with Rowling on this. Knowing that she had plans to come out with an encyclopedia to begin with, Vander Ark should have proposed merging the two ideas into one rather than try to beat her to the punch. I do believe that it's a voilation of her copyright and trademark. And as CNN points out, if Vander Ark wins this, it could mean that authors will have to surpress the creative output of their fans. (Think Anne McCaffrey if you wish).

Besides, Vander Ark obviously thought it was wrong to begin with:

From CNN:

He said he initially declined proposals to convert the Web site into an encyclopedia, in part because he believed until last August that in book form, it would represent a copyright violation. After Rowling released the final chapter in the Harry Potter series that same month, Vander Ark was contacted by an RDR Books employee, who told him that publication of the lexicon would not violate copyright law, he said. Still, to protect himself, Vander Ark said he insisted that RDR Books include a clause in his contract that the publisher would defend and pay