Issue 4- "Harry Potter" Author Wins Copyright Claim

Harry Potter, a book series that hit the world by storm especially after the release of the first Harry Potter movie. The book has been out for ages, with few that actually knew the existence of this amazing book. I was one of the few. The craze for Harry Potter has made its’ author J.K. Rowling one of the richest women in the world. BBC News even claims that she is richer than the Queen of England.



(Source: Wikimedia)


With the amount of fortune that Rowling has amassed from Harry Potter, it is no wonder that RDR, the company that hired Steven Vander Ark- creator of the Harry Potter Lexicon website, to publish a Lexicon under the company. RDR books assured Vander Ark that his book would not violate copyright laws (CBS news 2008). Boy, were they wrong. Copyright Infringement was the claim that Rowling laid in her claim to stop the publication of the Lexicon. RDR books did not deny infringing upon the author’s copyrights but argued that is in accordance to the fair use doctrine for reference books. The doctrine according to Stanford Law School (2008), safeguards the use of copyrighted material as long as it is used transformatively and doesn’t damage the market value of the original. Band (2008) however reports the ruling was decided in favor of Rowling as it was deemed that although the Lexicon followed fair use for the Harry Potter books but it failed to do so for two other books written by Rowling as encyclopedias. The Lexicon was found to fail both fair use points as it would harm the sales of Rowling’s encyclopedias and the Lexicon reproduced information like poems and songs from the books. However, Vander Ark proved to be tough nut as he already had a disclaimer in place with RDR books in the form of a clause that the publisher would defend and pay for all damages that result from claims against him (CBC News).

I feel glad for Rowling as copyright rules in place enabled her to protect her intellectual property. Reep (2006) defines copyright as legal protection for the creators of the original works. The Harry Potter series is Rowling’s sweat and tears and she deserves to reap all her profits without someone coming in to “steal” from her.




(Source: Pyrczak)

Reference List
Band, J 2008, ‘How Fair Use Prevailed in the Harry Potter Case’, Association of Research Libraries, viewed 13 June 2009, <http://www.arl.org/bm~doc/harrypotterrev2.pdf>

BBC News 2003, ‘JK Rowling ‘richer than Queen’’, BBC News, viewed 13 June 2009, < http://news.bbc.co.uk/2/hi/uk_news/2979033.stm>

Stanford Law School 2008, ‘Trial Begins in Harry Potter Lexicon Case’, Stanford Law School, viewed 13 June 2009, < http://www.law.stanford.edu/news/pr/85/>

CBS News 2008, ‘”Harry Potter” Author wins Copyright Claim’, CBS News, viewed 13 June 2009, < http://www.cbsnews.com/stories/2008/09/08/entertainment/main4426302.shtml>

Reep, DC 2006, Technical Writing: Principles, Strategies, and Readings, 6th edn, Pearson Education, USA.