First, these words are being written by someone who thought Hillary Clinton couldn’t win New Hampshire after she got emotional a few days before the primary.
Second, I have no right to be writing about J. K. Rowling’s legal affairs, given that a) I have never finished a Harry Potter novel; b) I don’t usually cover publishing news; and c) my first-hand knowledge of Rowling consists almost entirely of having twice seen her on the street in front of a Tesco supermarket when I was living near her neighborhood in Edinburgh.
Even so, I must say it: Rowling and Warner Bros. Entertainment will lose their lawsuit against RDR Books, the would-be publisher of a book based on the Harry Potter Lexicon Web site www.hp-lexicon.org, which went to trial this week in a federal court in Manhattan. Tim Wu, a law professor at Columbia University and copyright expert, made the best case I’ve read against her claims in an article in Slate in January
www.slate.com/id/2181776/pagenum/all/#page_start. The gist of it is that while Rowling has many rights as an author:
“ … Rowling is overstepping her bounds. She has confused the adaptations of a work, which she does own, with discussion of her work, which she doesn’t. Rowling owns both the original works themselves and any effort to adapt her book or characters to other media—films, computer games, and so on. Textually, the law gives her sway over any form in which her work may be ‘recast, transformed, or adapted.’ But she does not own discussion of her work—book reviews, literary criticism, or the fan guides that she’s suing. The law has never allowed authors to exercise that much control over public discussion of their creations.”
Wu didn’t predict that Rowling would lose, only expressed the view that she should, but that doesn’t need to stop the rest of us, does it?
That’s all I have to say, except that a) the Tesco in EH 8 has excellent white Stilton with apricots and b) I did predict the winner of this year’s Pulitzer for fiction.
© 2008 Janice Harayda. All rights reserved.