Last week the Steve Vander Ark finally saw his Harry Potter Lexicon hit bookstore shelves. Yes, the one that is based on the Harry Potter Lexicon website. And yes, it is the book that J.K. Rowling sued Vander Ark over and won. So how did it make its way to shelves? Good question.
The simple answer is that it's not the exact same book that Rowling sued. Rowling originally sued Vander Ark because she felt that it borrowed too heavily from her own works. Yes, she knew it was online and admitted to even using it herself. But when it came time to publish the book it seemed that she did thoroughly approve of it. The trial was about what constituted "fair-use" and whether or not Vander Ark contributed enough commentary. The answer was not.
This is what Nancy Prager had to say about the judges ruling on that point.
Here, the judge paid particular attention to the transformative nature of the use of the Harry Potter materials. He found that the primary purpose of the use of the works was not to “add some new insight, of whatever value,” to Harry Potter. Additionally, the use was not consistently transformative as Vander Ark “often lack[ed] restraint in using Rowling’s original expression for its inherent entertainment and aesthetic values.”
So after filing, and then dropping, an appeal Vander Ark and his publishers went back to the writing board and well, wrote. Instead of just cherry picking tidbits of information from the Harry Potter series Vander Ark wrote the book in accordance with the ruling laid out by Judge Patterson.
During the proceedings people were up in arms on both sides. To people on the outside of the Harry Potter fan base it must have looked a little nuts. But when you see a story like the one about Hannah's "I open at the close" tattoo you realize it's not just about the books, it's about what they mean to people.
When the 7th book came out, and I read the part about Dumbledore, my mom’s favorite character (and one of my own haha), leaving Harry the snitch in his will, and the message left on it, I knew that this was something special. It always kind of toyed around with it in the back of my head. So then I went for it, and got it, and I love it. It reminds me of my mom, and Harry Potter, and the things she didn’t get to read, but I know she would have loved.
Now that the book has been released the blogosphere is oddly quiet. YA Bookaholic has been waiting for it but hasn't read it yet. The reviews on Amazon are positive. No one seems to be rushing out to buy it or to see what kind of insight Vander Ark has to offer. Somehow I have a hunch that this just isn't making the splash that Vander Ark and his publishers were hoping for.
Contributing Editor Sassymonkey also blogs at Sassymonkey and Sassymonkey Reads.
Comments
Yeah, I guess you're right;
Yeah, I guess you're right; no one cares. OK maybe I would care if it were secretly JK Rowling who actually wrote the book. Shall we start some buzz???!
I was absolutely on JKR's
I was absolutely on JKR's side about this lawsuit. Basically, the Lexicon is an encyclopedia, and if someone is going to print an HP Encyclopedia, it should be JKR (which I'm hoping she does, only with all of the backstory and notes that weren't included in the books).
MJ
http://bloggingjan.blogspot.com/
No, Lexicons are almost never published by
the author
Lexicons are research tools in most cases and are done by English professor types. Most authors are simply not qualified to create a lexicon. Nor should they create encyclopedias.
Nobody has exclusive right to every way in which their creations are used despite what the RIAA wants you to believe.
Oh, and the judgment in this case could have been completely different in a different district court. Intellectual Property is always decided on a case-by-case basis.
MLO / Melissa
It wasn't that it was a "lexicon" per se
But the nature of what the lexicon was composed of. It was argued in court (apparently successfully) that Vander Ark's originally manuscript was predominantly a "copy and paste" exercise without proper quotation. And it was argued that if he did include citations there would be very little aside from material that he had lifted from the books. I've also seen it theorized that had the case not ruled in Rowlings favour we would be seeing a lot of fan and fan-fic sites been served cease and desist letters.
I'm pretty interested in what Vander Ark ended up publishing. If my library ever gets a copy of it I'll check it out.
(Had to edit my title because apparently I can't type contractions before I have more coffee...)
Sassymonkey and Sassymonkey Reads.
I'm aware of what a Lexicon is
And I have no problem at all with JKR publishing an encyclopedia for HP, especially since it would be filled with the wealth of backstory and character histories that never made it to any specific HP book. She, the author, is the only one who can provide new canon. Others can create their own interpretations and write their own versions, but that's not the same thing as adding to existing canon.
The Lexicon website was very useful when I was reading and studying HP but there wasn't anything new or original in there. I think JKR was completely within her rights to object to it's publication. If he'd added his own interpretation of storylines or his own thoughts as to events and characters, that would be different. But from what I understand, his printed Lexicon was going to be basically the website, in printed form.
JKR has mentioned before writing that encyclopedia, and I hope she does. I'm also hoping she give us "Hogwarts, A History," because I'm that obsessed. :-)
MJ
http://bloggingjan.blogspot.com/
Hogwarts, A History
I would so totally buy that. I'd have rathered that then Beedle, which I must confess I haven't purchased yet.
I've sometimes wondered if it was a "magic" book that updated itself as significant events happened at Hogwarts such as those in the last book (trying not to mention any spoilers...).
Sassymonkey and Sassymonkey Reads.
Beedle
Beedle was okay. A cute little book with cute little storie that I'll be able to read to my grandson before he's ready to be read the HP books (he's 8 months old now). Dumbledore's 'thoughts' were as much fun to read as the stories themselves.
I never thought of "Hogwarts, A History" being a magical book but that would make sense! In a magical world kind of way.
I've also heard rumors of a book about the life of Severus Snape. I think that's more wishful thinking than anything, though. If it ever happens, though, I'll be in a midnight line for it, too! :-)
MJ
http://bloggingjan.blogspot.com/