Harry Potter Lexicon and the Order of the Courts

J.K. Rowling is going to appear in court today, April 14^th, in a suit she and Warner Bros. have filed against RDR, a small publisher which is set to publish a reader's guide to Harry Potter books entitled Harry Potter Lexicon. The book is spawned off of the website by the same name, which was used as a reference by even Rowling herself when writing the books. Even though Rowling supported the website, she does not agree that the author and publisher of Harry Potter Lexicon should profit off of her ideas and characters.

This lawsuit comes down to intellectual property rights. As the creator of the Harry Potter series, Rowling owns the rights to all things Harry Potter. Others cannot simply take pieces of the Potter series and make their own books to sell. If that were legal, then there would be duplicates of best sellers on the bookshelves. Many people would try to benefit from the creativity of others. It would be a sure way to make money, but it would not be fair to those who came up with the original ideas.

One of the main defenses that RDR is using is that Rowling gave the Harry Potter Lexicon website raves. At the time when she praised the website, it was a fan site that was not making money. The creator of the site was not using Rowling's ideas for financial gain. That all changed, though, when he formed a partnership with RDR to create a book and make money.

It is easy to understand why Rowling would have been flattered and pleased by the website. It was free press, and I can imagine that it is nice to have such dedicated fans. Online media can be great advertisement when one is trying to sell a product. A line was not crossed until the site creator decided to use the Harry Potter name to make a profit.

This case is very similar to the case involving Seinfeld, the television show. A book came out that was not authorized by people involved with Seinfeld. The book contained trivia and facts about the show. The courts decided that the book was unauthorized and violated copyright law. The ruling showed that television and book characters are owned by their creators and do not belong to the public.

The Rowling case should be decided quickly. I think it is clear that RDR is in the wrong. They are attempting to publish something that belongs to another person. J.K. Rowling brought Harry Potter to life, and others should not reap the benefits of her hard work.

Rachel Apsden, "Rowling in Court Over Harry Potter Lexicon," guardian.co.uk

Shiri Rosantal, "Copyright Infringement," Bnet Business Network