An interesting article over at the New York Times sheds light on the Warner Bros Entertainment and Rowling vs RDR Books. It raises the question whether or not someone can publish an Encyclopedia on a fictional world and possibly make a profit.
The author of the Harry Potter series, J.K. Rowling, didn’t mind fan sites that featured fan art and critiquing, but when a manager of a fan site wanted to publish a “companion” book for the hugely successful book series, the author stepped in and filed a lawsuit.
“I feel as though my name and my works have been hijacked, against my wishes, for the personal gain and profit of others and diverted from the charities I intended to benefit,” Rowling said in a court document.
Also from the NYTimes, Neil Blair, rowlings lawyer had this to say:
“There have been a huge number of companion books that have been published,” Mr. Blair said. “Ninety-nine percent have come to speak to us. In every case they have made changes to ensure compliance. They fall in line.” But, he added: “These guys refused to contact us. They refused to answer any questions. They refused to show us any details.”
The comment, “They fall in line” has had the companion book author Anthony Falzone fighting the lawsuit, saying this is nothing more than exercising control on free speech.
The question in this case is whether or not one can make a profit over critiquing and describing – among other things. It could be something that the educational community might want to keep an eye on because scholarly sources frequently make money off of critiquing and discussing many things including fictional and non-fictional pieces – all of which fall under the ever present, yet complicated term “intellectual property”. While it is usually standard practice to gain permission from the original creators, it is typical to take bits and pieces of information from other sources and cite the sources later on without seeking approval and assuming that an educational exception is in place – at least, among students. Where this case goes from here will be of interest to many given that it questions where free speech can go.
LOL I like that photo.. good choice. I wanna date her.
I knew you guys would get a kick outta that photo!
Is it just me or dies Rowling look hot in that pic?
If this is indeed a criticism of Rowling’s series (and I don’t know as I haven’t read it obviously) then this is a violation of Free Speech. After all a “criticism” can be positive or negative and “falling in line” somehow does not fit in with that purpose.
I’m sure glad that Shakespeare isn’t still living. Imagine all the law suits that HE could initiate (not that Rowling is anything like Shakespeare.)
i hope she wins!!…it does sounds like they are trynna jump on the harry pothead band wagon for a free meal!!!
Yeah I guess I can see both sides of the issue. But if I were Rowling I’d be living up my millions of dollars in Bora Bora in 5 star hotels and skiing in the Swiss Alps while I’m still young rather than losing sleep and hiring lawyers and spendin months in a courtroom over some fanfic book that probably was going to barely make much of a profit anyway. Seriously life is too short to worry about money THAT MUCH.
I dont think it should be done for profit and this has nothing to do with “free Speech”. NOTHING! If the people were giving a speech about the books it would be different but they seem to be taking the books and making a profit from an online site. It reads like Rowling offered them an out before taking further action.
The guy wanted to publish a BOOK. Not an online site a BOOK about Harry Potter. Any idiot can see there is nothing about free speech in the story. Come on! She wanted to work with these people but it seems all they care about is making money off of her work. If she wants the money to go to “charities” they should respect that.
Oh that’s fair enough she hasn’t really got that much money :/
Nice ( . Y . ) though.