J.K. Rowling goes to court

[jademg]

J. K. Rowling goes to court

I love JK and her books, and the lexicon is an awesome internet presence, but I kinda feel like she's in the right here. I don't understand any other reason to publish the lexicon other than to make money. All the information is free on the web. Why publish? Especially since the material IS hers to begin with. I think it

Comments

[mellyg14]

I want to start by saying that I practice IP law, as well as a little bit of publishing.

First, this comment: "think it's especially interesting that Vander Ark himself made sure there was a clause in his contract with his publisher that they pay and defend any lawsuit that might arise from this. His gut instinct was correct." is standard in publishing, you would be hard pressed to find a publishing agreement without such a clause.

Secondly, I agree with JKR, especially on a moral standpoint. However, copyright law can get a bit trickier, especially when it comes to fair use. Remember, you can not copyright ideas, only the arrangement of them. It's basically going to boil down to how much of the published lexicon takes word for word from the HP books, not the universe. Does that make sense? Though, from the article, it looks like they are going to argue ONLY fair use, which I think is a tenuous argument, and leads me to believe that much of the to be published lexicon is copied, not ideas rearranged.

Again, I agree it was a crappy thing to do, and I would personally never want to publish any IDEAS of someone else, even though that woudl not be an infringement of copyright, but it might NOT be copyright infringement.

[earlylight]

interesting... good input

[jezzifishie]

I think part of the problem is that SVA has plagiarised Quidditch Through the Ages and Fantastic Beasts as well. http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2007cv09667/315790/36/13.html

The link compares SVA's lexicon with QTTA and FB.

[lanie_lou]

You can't copyright ideas but you can copyright unpublished materials. I am fairly sure JKR has documentation of preexisting materials prior to creation of HPL that can be used to assert copyright.

[mellyg14]

The issue would then be whether SVA had access to it. Like I said, copyright gets tricky. I don't disagree with JKR, and I hope she wins, i'm just saying it's not as cut and dry.

[lanie_lou]

Oh I know, I just live with an IP attorney and hear way too much about it.

[mellyg14]

I am so sorry for you:P We are an irritating bunch, i'm currently writing bar review questions for a publishing company and making my significant other and his best friend come up with fact patterns. Poor guys:)