September 9th, 2008
Harry Potter nerd loses big to JK, WB
Update: I read the decision. I think that the case turns on the extensive use of the material in the books. If there were less material, if it were more transformative, I think it would not infringe. The judge said it was transformative, in that it serves as reference to the books, but because it lifts so much material and it more focused on being entertainment than reference, it is just barely transformative.
I don’t think the decision alters the basic right to provide a transformative work on top of someone else’s copyright-protected material. But it must truly be a different kind of work (reference, not story-telling.) Still, I think the decision is a bit troubling … I’d like to know where the line is drawn now.
Another point is that the publisher actually sent cease and desist letters to WB over their timeline on a website. So you can view this as WB and JKR being forced to protect their property against the publisher. Vander Ark seems a bit like a pawn of the publisher here. It’s clear he was happy to just have an online resource; JKR was happy to have it. But money calls. And as a book it veered too close to WB’s own entertainment-focused guides to the books.
I’d love to see the text redone in a way that didn’t step on the copyrights. I’d love to see other parties able to provide value and not have WB monopolize anything related to the works.
One might be tempted to file this one under “get a life.” But a judge’s decision (PDF) blocking publication of a fan’s lexicon to Harry Potter does provide important guidance on when fans’ derivative works cross the line to copyright infringement.
“We have a decision that’s a very useful guide to show people what they can do in the future as far as creating companion guides,” said Anthony T. Falzone, one of the defense lawyers. (Times)
But there’s something so cruel about the weight of J.K. herself and mighty Warner Brothers — not to mention a 68-page decision — stomping own on poor nerdly Steven Jan Vander Ark. It’s kind of like he lost just for being the nerd who never grew up.
Says Mr. Vander Ark:
Mr. Vander Ark sobbed on the stand as he said that Ms. Rowling’s attacks on his work had ostracized him from the “Harry Potter community.”
Despite the criticism, Mr. Vander Ark showed his fascination for Ms. Rowling during the trial.
When told in court that Ms. Rowling had explained the etymology of “Alohomora,” an unlocking spell, as coming from a West African dialect, Mr. Vander Ark responded: “That’s exciting stuff for someone like me. Did she happen to mention which dialect?”
Oh, and he’s now writing a travel memoir of his visits to locales referenced in the books.
Mr. Vander Ark said he would move on to the next phase of his life as an author, without the aid of the magical quill that the reporter Rita Skeeter relies on.
“If I had a Quick-Quotes Quill, I wouldn’t tell you, because that would mean I was a wizard,” Mr. Vander Ark said. “And that would be a secret.”
