Stories
Slash Boxes
Comments

News for nerds, stuff that matters

Slashdot Log In

Log In

Create Account  |  Retrieve Password

J. K. Rowling Wins $6,750 In Infringement Case

Posted by kdawson on Wed Sep 10, 2008 01:37 PM
from the slap-it-into-gringott's-bank dept.
NewYorkCountryLawyer writes "J. K. Rowling didn't make enough money on Harry Potter, so she had to make sure that the 'Harry Potter Lexicon' was shut down. After a trial in Manhattan in Warner Bros. v. RDR Books, she won, getting the judge to agree with her (and her friends at Warner Bros. Entertainment) that the 'Lexicon' did not qualify for fair use protection. In a 68-page decision (PDF) the judge concluded that the Lexicon did a little too much 'verbatim copying,' competed with Ms. Rowling's planned encyclopedia, and might compete with her exploitation of songs and poems from the Harry Potter books, although she never made any such claim in presenting her evidence. The judge awarded her $6,750 and granted her an injunction that would prevent the 'Lexicon' from seeing the light of day." Groklaw has an exhaustive discussion of the judgement.
+ -
story

Related Stories

[+] An Appeal In the "Harry Potter Lexicon" Case 189 comments
NewYorkCountryLawyer writes "RDR Books, the would-be publisher of the book version of the 'Harry Potter Lexicon' Web site, has filed an appeal from the judge's decision in Warner Bros. Pictures v. RDR Books, the case involving the Harry Potter Lexicon. The judge, after a bench trial, issued an injunction and awarded statutory damages of $6,750 (as we discussed at the time), holding that the Lexicon was not protected by fair use due to (a) sloppiness in attribution in sections, (b) the length of some of the quotes, and (c) imitation of J. K. Rowling's writing style in portions. I recently wrote an article criticizing the opinion, but doubting that an appeal would be taken in view of the small damages award. I guess I underestimated the resolve of the defendants and defendants' lawyers — who include the Stanford Law School Center for Internet and Society."
This discussion has been archived. No new comments can be posted.
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
 Full
 Abbreviated
 Hidden
More
Loading... please wait.
  • by cartman94501 (454060) on Wednesday September 10 2008, @01:39PM (#24949431)

    I was not aware that society's subjective judgment of whether someone has made "enough" money from one's intellectual property was a factor in copyright law. Either there's a copyright infringement or there isn't. Rowling's wealth and success are irrelevant.

    • by Anonymous Coward on Wednesday September 10 2008, @01:44PM (#24949519)

      Of course society's subjective judgment is important - if you don't make "enough" from your "intellectual property" you can't very well pay the lawyers to defend it, can you?

    • by CrackedButter (646746) on Wednesday September 10 2008, @01:55PM (#24949709) Homepage Journal
      The opening sentence is terrible, talk about putting a personal spin on it. Rowling's wealth and success means she can't be a victim? Kdawson is an idiot.
        • Kdawson is an idiot for not removing the personal bias from the blurb.

          Point of order. Why is it wrong for a Slashdot post to express an opinion? Especially where the submitter provided the actual, 68-page, decision so that readers can make up their own mind.

          • by kesuki (321456) on Wednesday September 10 2008, @02:03PM (#24949837) Journal

            "Why is it wrong for a Slashdot post to express an opinion?"

            Because of the borg, you will be assimilated, resistance is futile. opinion must be shared by all, or not exist. there can be no bias, except that of the slashdrone. there must be no argument on what is right, for the slashdrones can not argue.

          • by jlarocco (851450) on Wednesday September 10 2008, @02:19PM (#24950069) Homepage

            First, because few people read the article (especially when it's the size of a small novel), so making a hugely biased summary distorts the facts. Second, it's supposed to be a news site. Maybe CNN and Fox don't worry about showing their bias, but that doesn't make it right, and it'd be nice if there were slightly higher standards here.

            Also, in this case specifically, the "didn't make enough money" comment is just plain stupid, not to mention irrelevant. Is it legal to commit crimes against the wealthy now? Or maybe there's a new law saying you can only make so much money? What does it even mean to make too much money, and who are you to make the determination?

            Not really what I expect from a highly over-paid lawyer. ;-)

    • by sammy baby (14909) on Wednesday September 10 2008, @02:00PM (#24949785) Journal

      Not only that, but Ms. Rowling explicitly said that she had no objection if the Lexicon continues to be published for free on the web.

      It's really, really hard for me to get worked up over this.

    • by blantonl (784786) on Wednesday September 10 2008, @02:14PM (#24949991) Homepage

      Exactly,

      And the fact that the judgment wasn't for more that about 6,750 bucks goes to show that this was about principle, not the money.

      The submission's author's bias, coupled with someone tagging the article with "greed" is just disgusting.

      Mod Parent up +115

    • by Geof (153857) on Wednesday September 10 2008, @02:21PM (#24950107) Homepage

      wealth and success are irrelevant

      They are far from irrelevant if you listen to those arguing for extending copyright laws. They cite the need of creators to earn a living from their work. Here [arstechnica.com] is EU Commissioner McCreevy arguing for term extension: "Copyright represents a moral right of the performer to control the use of his work and earn a living from his performance." Then it's perfectly reasonable to argue that this purpose of the law has already been fulfilled.

      More importantly, the law is meant to serve us, not the other way around. We have every business talking about what the law should be, not only what it is. Laws are created and changed by our elected representatives. Limiting one's vision to the letter of the law is infantile and irresponsible for a citizen in a democracy.

      Whether our representatives really represent us is a different matter. They certainly won't if we treat their actions - including legislation - as beyond criticism.

  • Hold your horses! (Score:5, Informative)

    by AKAImBatman (238306) * <akaimbatman@ g m a i l . com> on Wednesday September 10 2008, @01:40PM (#24949451) Homepage Journal

    J. K. Rowling didn't make enough money on Harry Potter, so she had to make sure that the 'Harry Potter Lexicon' was shut down.

    Whoa, whoa, whoa. Back up a moment! NewYorkCountryLawyer, I normally respect your posts, but this one is in need of some serious scrutiny.

    As it happens, I was listening to the details of the case this morning on NPR. The problem with this specific book is not that it focuses on the Harry Potter series. The problem is that nearly every description was lifted from the books in a reasonably clear case of plagerism and/or derivitive works. Most reference books contain unique descriptions and commentary above and beyond the information presented in the source material. However, this particular lexicon made no effort to add such value over the books themselves.

    In effect, it was merely a reorganization of J.K. Rowling's books into a dry reference. Something for which only the author has a legal right to grant.

    THAT is why the judge found against the lexicon. And he did so with a strong warning that this book is an exception to the usually legal practice:

    Issuing an injunction in this case both benefits and harms the public interest. While the Lexicon, in its current state, is not a fair use of the Harry Potter works, reference works that share the Lexicon's purpose of aiding readers of literature generally should be encouraged rather than stifled. As the Supreme Court suggested in Campbell, "[b]ecause the fair use enquiry often requires close questions of judgment as to the extent of permissible borrowing" in cases involving transformative uses, granting an injunction does not always serve the goals of copyright law, when the secondary use, though edifying in some way, has been found to surpass the bounds of fair use. Campbell, 510 U.S. at 578 n.10. On the other hand, to serve the public interest, copyright law must "prevent[] the misappropriation of the skills, creative energies, and resources which are invested in the protected work." Apple Computer, 714 F.2d at 1255. Ultimately, because the Lexicon appropriates too much of Rowling's creative work for its purposes as a reference guide, a permanent injunction must issue to prevent the possible proliferation of works that do the same25 and thus deplete the incentive for original authors to create new
    works.

    • by Rayeth (1335201) on Wednesday September 10 2008, @01:43PM (#24949505)
      As evidenced by the thousands of Harry Potter supplement books that are already on the market, all this judge has done is slapped down a lazy, plagiarizing author.
    • Link to NPR Audio (Score:5, Informative)

      by bigtallmofo (695287) * on Wednesday September 10 2008, @01:59PM (#24949757)
      I heard the same story on NPR yesterday. Here's a link to the story summary and the full audio with Rowling's explanation:

      http://www.npr.org/templates/story/story.php?storyId=94407484 [npr.org]
      • by AKAImBatman (238306) * <akaimbatman@ g m a i l . com> on Wednesday September 10 2008, @02:02PM (#24949801) Homepage Journal

        The judge granted summary judgement on the flimsiest of grounds - a reference work for a multiple-volume work of fiction, by definition, will be "a dry reference."

        You hinged your argument on the wrong part of that sentence. "Dry reference" is not illegal, nor is it the judge's words. "Reorganized", however, IS illegal when we are speaking about copyrighted works. That is what the judge found against.

        And if you've ever looked at the Lexicon website, you know that it does precisely that

        Hardly. The lexicon was read aloud in court, along with the source material it pulled from. The book was a clear case of plagiarism to the court. The publisher can feel free to appeal the decision, but I doubt they'll find much sympathy from an appeals judge.

        The crux of your defense appears to be that a website previously existed that Rowling was happy with. Yet one has to be clear on one aspect here: There is a large gulf between publishing large pieces of someone's work for a no-cost reference and publishing someone else's work for profit. The defendant may have had a website that Rowling was happy with and thus not inclined to take legal action against (effectively giving approval for the use), but the book should have either added significantly more value over the source material OR have sought approval from the Rowling before attempting to go to press.

        FWIW, PJ does an excellent job in reaching the same conclusion in her Groklaw post. Kudos to kdawson for adding that useful link to balance out an otherwise defamatory post.

  • by pwizard2 (920421) on Wednesday September 10 2008, @01:41PM (#24949475)
    *JK points wand at lexicon project*

    Avada Kedavra!
  • by crenshawsgc (1228894) on Wednesday September 10 2008, @01:43PM (#24949501)
    But I noticed you accidently wrote at least one sentence that doesn't totally drip with contempt for this ruling. Please don't let this happen again - you know we /.ers don't know what opinions to have unless you spell it out for us.
  • Erm...What? (Score:5, Insightful)

    by Sj0 (472011) on Wednesday September 10 2008, @01:51PM (#24949621) Homepage Journal

    Why the bad attitude in the submission post?

    Someone was trying to release a commercial product whose premise was stealing content from an established work.

    If they didn't get hit hard on copyright infringement, they'd get hit hard on trademark infringement, and rightly so.

    Like it nor not, J. K. Rowling created the series, and decided to turn it into a commercial enterprise. It's well within her moral and legal rights to make sure a bunch of idiots don't cling to her coattails trying to milk dollars from a popular franchise that they have no legitimate claim to.

    • Re:Erm...What? (Score:5, Insightful)

      by langelgjm (860756) on Wednesday September 10 2008, @02:09PM (#24949917) Journal

      Like it nor not, J. K. Rowling created the series, and decided to turn it into a commercial enterprise. It's well within her moral and legal rights to make sure a bunch of idiots don't cling to her coattails trying to milk dollars from a popular franchise that they have no legitimate claim to.

      Well, the judge seems to think there's room for at least some idiots to cling to her coattails and milk dollars from a franchise they have no legitimate claim to. From Groklaw:

      Notwithstanding Rowling's public statements of her intention to publish her own encyclopedia, the market for reference guides to the Harry Potter works is not exclusively hers to exploit or license, no matter the commercial success attributable to the popularity of the original works. See Twin Peaks, 996 F.2d at 1377 ("The author of 'Twin Peaks' cannot preserve for itself the entire field of publishable works that wish to cash in on the 'Twin Peaks' phenomenon"). The market for reference guides does not become derivative simply because the copyright holder seeks to produce or license one.

      I.e., no, it's not within her legal rights to prevent other people from making money off her work. There are reasons for why this case wasn't fair use, but that doesn't speak to the issue of people riding her wave as a whole.

  • by bigtallmofo (695287) * on Wednesday September 10 2008, @01:51PM (#24949623)
    I heard J.K. Rowling interviewed on NPR about this. She listed many of the books that are derivative works that she is thrilled about. The commonality with acceptable books is that they add original thoughts. The targeted book contained no original thoughts but just indexed material from her books, in many cases copying the content and even indexes from her books verbatim.

    The lawsuit was to stop the publication of the book; it had nothing to do with the $6k.
  • by arikol (728226) on Wednesday September 10 2008, @02:00PM (#24949767)
    As stated above, copyright law has nothing to do with whether someone is successful. The fact is that Rowling had given them permission to have their verbatim copied lexicon as long as it was only free on the web. As soon as they tried to change it into a published work the whole thing changed. She made them absolutely clear from the beginning that no permission was extended to copying her work directly and selling it. So, this is one of very few of these cases where I would side with the super rich, mostly because that's fair in this case but also because it's the actual creator of the work who owns the copyright. This is what copyright is for, protect the CREATOR of stuff from freeloaders so that original creators have an incentive to keep on creating. It is usually abused by corporations who have half enslaved a bunch of creators (music business), but in this case the rights reside with the author. And as the judge states, works like this lexicon are usually protected, except it just copies too much directly, therefore it is not protected. Fair cop
      • Re:Poor Harry... (Score:5, Interesting)

        by retchdog (1319261) on Wednesday September 10 2008, @02:14PM (#24949995) Journal

        It's typical to show contempt for those artists you consider crass or over-commercialized, by depicting them as metaphorically abusing their creations.

        For example, Bill Watterson (of Calvin and Hobbes) famously sent Berkeley Breathed (of Bloom County) a comic of Breathed laughing in a powerboat and whipping Opus the penguin, who was frantically shoveling sackfuls of cash into the outboard motor. (I wish I could find this online, it's in one of the collections of C&H.) I don't think he even bothered with Jim Davis, who is beyond parody as a commercial artist.

        All artists have a connection to their work; some establish the connection primarily to make money. I don't know where J.K. stands.