Author wins copyright case
2008-09-09 09:08
New York - A US judge ruled Monday in favour of Harry Potter author JK Rowling in her copyright infringement lawsuit against a fan and website operator who was set to publish a Potter encyclopaedia.
US District Judge Robert P Patterson said Rowling had proven that Steven Vander Ark's Harry Potter Lexicon would cause her irreparable harm as a writer.
He permanently blocked publication of the reference guide and awarded Rowling and her publisher $6 750 in statutory damages.
Rowling sued Michigan-based RDR Books last year to stop publication of material from the Harry Potter Lexicon website.
Vander Ark, a former school librarian, runs the site, which is a guide to the seven Potter books and includes detailed descriptions of characters, creatures, spells and potions.
The small publisher was not contesting that the lexicon infringes upon Rowling's copyright, but argued that it was a fair use allowable by law for reference books.
Went too far
In his ruling, Patterson noted that reference materials are generally useful to the public but that in this case, Vander Ark went too far.
"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," he said.
He added that he ruled in Rowling's favour because the "Lexicon appropriates too much of Rowling's creative work for its purposes as a reference guide."
Anthony Falzone, who argued the case for RDR Books, said he had not yet seen the ruling and could not immediately comment. RDR publisher Roger Rapoport did not immediately return a telephone message for comment.
A spokesperson for Rowling and her publisher, Warner Bros Entertainment Inc, did not immediately return a telephone message for comment.
Too distressed to write
Though Rowling had once praised the website, she testified earlier this year that the lexicon was nothing more than a rearrangement of her material.
She said she was so distressed at the prospect that it would be published that she had stopped work on a new novel.
"It's really decimated my creative work over the last month," she said during the trial in April.
If the lexicon is published, she went on, "I firmly believe that carte blanche will be given to anyone who wants to make a quick bit of money, to divert some Harry Potter profits into their own pockets."
Vander Ark, a devoted fan of Rowling, began work on his website in 1999 and launched it in 2000.
- AP