A Stanford Lawyer Argues 'Fair Use' for The Harry Potter Lexicon
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Joan Oleck -- School Library Journal, 12/11/2007 2:15:00 PM
Harry Potter fans are well aware that J. K. Rowling and Warner Bros. have filed a lawsuit charging copyright infringement by Steve Vander Ark, the Michigan-based creator of the online Harry Potter Lexicon. The Web site—a popular encyclopedia of Potter-related minutiae—isn’t the issue. What is, is Vander Ark’s plan to publish a print version of the Lexicon. The newest legal wrinkle? A temporary restraining order has halted publication—until at least February. Last week, that news was trumped by the announcement by the Fair Use Project of Stanford Law School's Center for Internet and Society that its intellectual property lawyers would enter the fray on Vander Ark’s publisher's behalf. SLJ phoned Project Director Anthony Falzone to find out more.
Why is the Fair Use Project getting involved with the Lexicon defense?
It really goes to the right of fans to interact with, and make use of and discuss, copyrighted work, whether it’s Harry Potter, or fans of music, or movies, or something else. The work at issue here is a very useful reference tool for better accessing and understanding and, frankly, just better enjoying the “Harry Potter” series, because it provides a lot of helpful information that would be hard, otherwise, to readily access.
What’s the legal issue here?
It’s a critical, free-expression issue. The real issue it poses is the extent to which fans are going to have the right to participate in the content and fan community, and the extent to which they do so.
Another issue is that you consider the Lexicon to be reference material, as opposed to a redo of the book or film. So you don’t see it as competitive, right?
No! Nobody’s going to buy The Harry Potter Lexicon instead of a Harry Potter book, or instead of going to see a Harry Potter movie. It’s clearly something to supplement and complement the copyright works—to make them accessible and enjoyable.
What court is the case in, and what point is it at? And what's your role?
We’ve agreed to take the [co-counsel] lead on the copyright and fair-use issues and provide our resources and expertise. The case is in U.S. district court in New York City. The plaintiffs have moved for a preliminary injunction that would prevent RDR Books [Vander Ark’s Michigan publisher] from publishing The Harry Potter Lexicon while the case is pending. [The hearing on the preliminary injunction] is scheduled to be held in February.
What is Rowling and Warner Bros.’ argument?
That the The Harry Potter Lexicon infringes the copyrights on the Rowling works; they also put in claims under the Lanham Act for trademark infringement.
What’s your response?
I think they’re wrong.
C’mon. How about a morsel about your view of the case?
You’ve got to understand the obligation of a lawyer who’s representing a client in an active case. I’m not going to get into what we’re going to say and what they’re going to say.
