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Rowling Testifies Against 'Potter' Book

By LARRY NEUMEISTER, AP
Posted: 2008-04-14 18:05:40
Filed Under: Celebrities in Court, Movie News
NEW YORK (April 14) - J.K. Rowling testified before a packed courtroom in a lawsuit to block publication of a Harry Potter lexicon, telling a judge that the book amounts to a "wholesale theft" of nearly 20 years of her hard work.

"We all know I've made enough money. That's absolutely not why I'm here," Rowling told the judge in U.S. District Court.

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Rowling on the Stand

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J.K. Rowling's lawsuit against RDR Books will finally get its day in court, as the author will testify that their 'Harry Potter Lexicon' book would infringe on her intellectual property rights.

The British author sued Michigan-based RDR Books last year to stop publication of Steven Vander Ark's "Harry Potter Lexicon," claiming copyright infringement. Vander Ark runs the popular Harry Potter Lexicon Web site, and RDR wants to publish a print version of the site and charge $24.95.

Rowling claims the book is nothing more than a rearrangement of her own material and told the judge it copied so much of her work that it amounted to plagiarism.

"I think it's atrocious. I think it's sloppy. I think there's very little research," she testified Monday. "This book constitutes wholesale theft of 17 years of my hard work."

She also said she has recently started work on her own encyclopedia but does not expect to complete it for two to three years because she wants to do it right.

RDR's lawyer, Anthony Falzone, has defended the lexicon as a reference guide, calling it a legitimate effort "to organize and discuss the complicated and very elaborate world of Harry Potter." The small publisher is not contesting that the lexicon infringes upon Rowling's copyright but argues that it is a fair use allowable by law for reference books.

The nonjury trial will be decided by U.S. District Judge Robert Patterson Jr., who must determine whether the use of the material is legal because Vander Ark added his own interpretation, creativity and analysis. The testimony and arguments could last most of the week. Rowling will spend her breaks in the seclusion of a jury room, away from fans of her wildly popular series.

The trial comes eight months after Rowling published her seventh and final book in the series. The books have been published in 64 languages, sold more than 400 million copies and produced a film franchise that has pulled in $4.5 billion at the worldwide box office.

In sometimes emotional testimony, Rowling recalled starting work on the first book in 1991 when she was 25 and so destitute that she sometimes had to choose between purchasing typewriter ribbon and food. She said the Harry Potter characters were a fantasy world to which she could escape from the hard work of raising a child on welfare as a single mother.

Rowling choked up when her lawyer, Dale Cendali, asked what Harry Potter meant to her.

"I really don't want to cry," the mother of three said. Then she added, "These characters continue to mean so much to me over a long period of time. The closest you could come is to say, `How do you feel about your children?' These books, they saved me."

Rowling also testified she had stopped work on a new novel because the lawsuit has "decimated my creative work over the last month."

Vander Ark, 50, has said he joined an adult online discussion group devoted to the "Harry Potter" books in 1999 before launching his own Web site as a hobby a year later. The Web site attracts about 1.5 million page views per month and contributions from people all over the world.

He said he initially declined proposals to convert the Web site into an encyclopedia, in part because he believed until last August that in book form, it would represent a copyright violation.

After Rowling released the final chapter in the "Harry Potter" series last July, Vander Ark was contacted by an RDR Books employee, who told him that publication of the lexicon would not violate copyright law, he said. Still, to protect himself, Vander Ark said he insisted that RDR Books include a clause in his contract that the publisher would defend and pay any damages that might result from claims against him.

He said it was decided that the lexicon would include sections from the Lexicon Web site that give descriptions and commentary on individual names, places, spells and creatures from Harry Potter stories.

Rowling acknowledged she once bestowed an award on Vander Ark's Web site because, she said, she wanted to encourage a very enthusiastic fan.

But she said she "almost choked on my coffee" one morning when she realized Vander Ark had warned others not to copy portions of his Web site. She said she now has second thoughts about all the encouragement she has given to online discussions and Web sites devoted to her books.

"I never censored it or wanted to censor it," she said, adding that if she loses the lawsuit, she will conclude she essentially gave away her copyrights by encouraging the Web sites.

"Other authors will say, `I need to exercise more control. She was an idiot. She let it all go,"' Rowling said.

Copyright 2008 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without the prior written authority of The Associated Press. All active hyperlinks have been inserted by AOL.
2008-04-14 09:07:07
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49 comments

pseigler1974 07:35:01 PM May 13 2008

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i think that he should not be allowed to publish any harry potter books when JK rowling did by herself and further more these books are copyrighted and no copying be allowed at all and i think that she should be entitled to any money for that book that he published without her permission

pirouette028 05:34:03 PM Apr 16 2008

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darkflameangelus,
Wow. You act like I insulted your mother or something. It is just my opinion; there is no need to get so defensive. I never said I didn't admire her. The very fact that she came up with the world of Harry Potter itself makes her brilliant. I never said she didn't deserve her success. I merely said I thought she is "above average" as a writer. I base this opinion based on other novels I have read. Her books ARE filled with cliches and one dimensional characters (even Harry himself doesn't undergo enough character development). That is a fact; however, that doesn't mean I don't think she is smart or gifted.

And I am just fine with my life, thank you. I am happy with my own success and quite content. I'm obviously not as wealthy as Rowling, but I'm quite comfortable and have a great career, and I have no reason to dislike her just because she's a rich, successful writer.

belleluvsroses 10:48:56 AM Apr 16 2008

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People such as the creator of this lexicon shouldn't be allowed to filtch off of Ms. Rowling or ANY other author. SHAME on them for trying to do this!!!

scotch43 09:29:13 AM Apr 15 2008

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victoriacoventry 08:56:10 AM Apr 15 2008
If the lexicon is the author's own interpretation of JK Rowling's work, then what is the problem? If he didn't use direct quotes from her book but instead used his own words, then how is it plagiarism? I agree, JK Rowlings is one of the most overrated writers ever.

why do people insist on making comments when they clearly have NOT read the article...and billions of dollars in sales worldwide would say you belong to the MINORITY......

victoriacoventry 08:56:10 AM Apr 15 2008

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If the lexicon is the author's own interpretation of JK Rowling's work, then what is the problem? If he didn't use direct quotes from her book but instead used his own words, then how is it plagiarism? I agree, JK Rowlings is one of the most overrated writers ever.

fairlilly 08:40:19 AM Apr 15 2008

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Growing up I loved the Harry Potter books, I still do. But moderation is always good. How it got to be this big I'll never know, but the fact that she's suing a guy whose just trying to appease HER fans is ridiculous.

ladysawall 08:22:34 AM Apr 15 2008

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Sloppy and very little research, eh? I notice she conveniently doesn't mention how by her own admission she used the online version of the Lexicon to check facts when she was writing the later Potter books.

darkflameangelus 07:49:55 AM Apr 15 2008

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ditchpasser 08:13:17 PM Apr 14 2008 -
pirouette028 04:13:28 PM Apr 14 2008

Spoken/writen like someone who wishes she had 1/100 of the wealth, fame, fortune, talent, and skill , and luck of JKR.
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And why does that HAVE to be the case? It was someone's opinion of a writer's style/skill. Do you believe some writers are below average, or do you lay praise on everyone's style/skill?

kerpan 09:17:12 PM Apr 14 2008

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However, literary criticisms are OK, not infringement, so I guess it depends on how much original content Vander Ark may have contributed. I wonder how the judge will rule...hmmm...

kerpan 09:07:20 PM Apr 14 2008

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Vander Ark's prohibition on copying off the site is valid, too, because even thought the copyright of the site is in question, any original content on the web is protected as well. Regardless of medium, print or electronic or music or whatever, a work is copyrighted upon its creation, even in the absence of a copyright symbol or registration with the US Copyright Office.

Vander Ark knew he was up to no good since he made the publisher assume all potential future liability. This is not SOP for publishing agreements. Typically, Publisher and Author indemnify each other. He is one smart cookie for doing this, since he got bad advice from the editor at RDR Books.

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