JKR/WB vs. RDR Books

I have been following, with great interest, the lawsuit between JK Rowling/Warner Bros. and RDR Books over the potential publication of Steve Vander Ark's Lexicon book. The book is based on Vander Ark's Harry Potter Lexicon Web site, which I have actually found a very useful tool in my own fanfiction writing endeavors because it gives me information right at the tip of my fingers so that I don't have to look it up in my books. It's saved me a lot of hours of searching, and there are some great articles on it. The problem with the book form is that 90% of the work is lifted directly from Rowling, word for word, and much of it isn't sourced. Rowling and Warner Bros., rightly, sued RDR Books, the Lexicon's publishing company, as soon as the book was completed last fall and the case just went to court last week.

For full coverage of these events, see this great page from The Leaky Cauldron. Much of my analysis is in agreement with Leaky's podcast from last week, with wonderful thoughts from Melissa, John, Sue, and Frak. I love listening to these four every week and their Harry Potter analysis. Melissa and John were present at the trial as well as their friend Samantha, and there were no other representatives from Harry Potter fan Web sites there, so they are the real fan authorities here.

I have a few points to make on this case, and they are as follows:

• Rowling and Warner Brothers' claims are completely legitimate


• Fair use does not apply in this situation


• Vander Ark should be able to publish his own guide to Harry Potter, but it should be of his own creation


• This book is VERY different from fanfiction


• The media have done their readers, the Harry Potter community, Rowling/Warner Bros., and Vander Ark a great disservice in their coverage


• It should come as no surprise to Vander Ark that the fan community is not embracing him anymore, but there is room for healing


• The best hope for all involved is reconciliation

These basic points are for those who don't want to read my eloquent analysis :) And on to the opinion post ...

My first point is that Rowling has a legitimate claim. Harry Potter is her creation, and she's been extraordinarily lenient in fan responses to her work, for which I am very grateful as it has helped me become a better fiction writer. For the record, fanfiction isn't illegal. Fan Web sites are not illegal. This is because neither of these manifestations of fan response cause the fans to make money. Vander Ark's Web site does not take from JK Rowling's ability to sell her books, but a book form of this Web site for profit is a different story. Rowling announced soon after the publication of Deathly Hallows that she intended to write her own encyclopedia about her world for fans, but that she wanted to do it right so she was not planning on releasing it right away. Personally, I don't think that this gives someone else a license to create a guide like Vander Ark's to her work.

Vander Ark's book is substantially copied material from the Harry Potter books, without sourcing in many cases. One witness in the case counted the book line by line and found that 90% of it is taken directly from the Harry Potter books. IF Vander Ark created a guide to Harry Potter that was in his own words and NOT blatently copied, that would be a different story. Rowling and Warner Bros. are asking him to amend his copy, not abandon the project altogether. I don't think that that is too much to ask. This is the difference between Vander Ark's book and fanfiction -- fanfiction is a creation of an individual author. What I write is completely my own, with the exception that I'm using characters and places and basic plot points from Harry Potter. I'm not making any money off of it, it's a form of fan expression that is legally okay.

One thing that is just terrible to me is that the media has been grating on Rowling for her attitude in this case.  Seriously?  Fair use can't apply here because Vander Ark would be making money.  My dad pointed that out to me, and he would know.  Jo gives to charity, she doesn't just squander her money, and she's provided Vander Ark with so many opportunities here ... and even if she HADN'T, it's still her creation!  This is a thought from John of PotterCast, but really, it's no wonder that the Harry Potter community has rejected Vander Ark in this case.  He's being completely disrespectful and creating a rift that doesn't have to be there.

All that said, there is hope, and that hope is in reconciliation.  The whole world is broken because we are driven by our selfish desires, and Steve Vander Ark is no different from any of us.  Let's not judge as we look at him, but pray for the hope of compromise and forgiveness.  The best road to healing is to recognize when you're doing something wrong.  That's my prayer for Steve.

Keep safe, keep faith.  :)