Websites And Wizards
By Marc S. Cooperman -- Gifts and Dec, 1/1/2009 12:00:00 AM
“ALOHOMORA!” IF YOU DON'T immediately recognize this as a magical charm to open locked doors, then you are likely one of the few who are unfamiliar with the world of Harry Potter. J.K. Rowling's book series has not only captured the imagination of readers around the world, it has spurred a secondary market of related materials. Websites provide an abundance of commentary, analysis and fan fiction for followers to digest when they have finished reading the seven Potter novels. The legal limits of what that secondary market may reproduce was the subject of a recent copyright clash between Rowling and a long-time fan.
The Harry Potter Lexicon is a long-running website that collects and organizes information from the series' books into one central source for fans. Created by librarian Steven Jan Vander Ark, the site seeks to be a comprehensive source of all things from the wizarding world, including characters, spells, creatures and magical objects. It effectively acts as an electronic encyclopedia for fans. Rowling herself reportedly used and praised the site. But problems began in 2007 when a publisher became interested in transforming the website into a book.
It did not take long for the news to spread that the Lexicon would become the first paper encyclopedia about Harry Potter. After a series of letters, Rowling and movie rights owner Warner Bros. sued for copyright infringement, pointing to the large amount of original creative materials from the books that were reproduced in the Lexicon. In response, Vander Ark and his publisher admitted the obvious—that the Lexicon copied some material from the books. But they still had a defense, arguing that the Lexicon is a protected “fair use” of Rowling's writings about Harry Potter.
As a work that collects, synthesizes and organizes information about Potter and his world, the defendants asserted that they were entitled to borrow enough of the original expression from the books to create their encyclopedia. The judge agreed, but concluded that the Lexicon took more than was reasonably necessary. One example the court pointed to was the entry for Professor Trelawney. Not only does the Lexicon entry discuss the Divination Professor and reproduce her prophecies, it also explains how the prophecies are fulfilled, including events having nothing to do with Trelawney.
Copyright law can be tricky. It encourages the use of others' works, but only to a point. Don't get caught under the same spell and take more than your fair share.
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