Why the Lexicon Trial is Important
Someone asked on another com if someone could tell them the short story about the Harry Potter Lexicon which has been a big sprawling mess so I wrote the following
Once upon a time there was a series of popular children's books which had a vast following. Fans created many web sites and wikis to show their love for these books.
One fan rose above the others and created a lexicon based on the material in the books and added more from the movies. This became a useful tool for all who were involved including the creator of the books and the movie studio. All praised the fan for his diligence for creating such a wonderful site.
A book publisher came to the fan and they came up with the idea to move this wonderful information from the internet to the real world in the form of a book.
The creator of the books was not happy with the idea and asked the fan to not do this thing.
The fan decided to do it anyway.
The creator and her minions send a cease and desist to the fan and his publishing company.
The publishing company decided to publish anyway and told everyone that the creator is a big bully.
The creator and her minions are suing the publisher to stop this book for many many legal reasons and points of law.
(EDIT: The publisher counter-sued using the grounds of fair use and that the creator allowed the Lexicon to live on the net and flourish. {Edit again: I am now totally unclear of who sued who first})
Now we are at the point in our story where every one is in court to try to see who will win the battle of words
The trial started yesterday. Ms. Rowling was there to answer to why this lexicon is OK on the net but not as a book selling for 24.95 a pop. And she did a very good job of it. If you care to read a fair transcript of the thing there is one at The Leaky Caldron .
I am firmly on the side of the creator on this one. I have watched friends have to deal with people using their creations for profit that they don't see one thin dime from. I have also talked to friends who have had to use the court system to defend their rights to their property. Believe me, the stress on this sort of thing is great and very wearing.
But people are crying fair use! I think that most people haven't a clue what fair use it. I do because it was one of the things I had to deal with as an editor when I worked on non-fiction books. Just because JKR allowed the Internet site to exist doesn't mean that she gave passive permission for it to be published in book form. And what is happening in court today is going to bring up a whole set of red flags for creators when they find their work being used as the launching point for something on the net. Yes I do believe that down the road this is going to screw things up for someone else who has the best of intentions.
I think the thing I find most disheartening about the whole thing is that the fan asked the creator for her blessing to do thing and she told him gently no and please don't. That should have been the end of that but fan boy thought better of it or rather as he is now stating it, the publisher came to him and said that it would be legal without permission because of fair use so, even though he knew the creator didn't want it done, he did it. And, because of the contract he signed with the publisher, this stunt isn't going to cost him a dime in real money. I just hope he realizes what he really lost when this is all over.
I am grateful for fans that do listen when they ask permission and do take no for an answer.
Once upon a time there was a series of popular children's books which had a vast following. Fans created many web sites and wikis to show their love for these books.
One fan rose above the others and created a lexicon based on the material in the books and added more from the movies. This became a useful tool for all who were involved including the creator of the books and the movie studio. All praised the fan for his diligence for creating such a wonderful site.
A book publisher came to the fan and they came up with the idea to move this wonderful information from the internet to the real world in the form of a book.
The creator of the books was not happy with the idea and asked the fan to not do this thing.
The fan decided to do it anyway.
The creator and her minions send a cease and desist to the fan and his publishing company.
The publishing company decided to publish anyway and told everyone that the creator is a big bully.
The creator and her minions are suing the publisher to stop this book for many many legal reasons and points of law.
(EDIT: The publisher counter-sued using the grounds of fair use and that the creator allowed the Lexicon to live on the net and flourish. {Edit again: I am now totally unclear of who sued who first})
Now we are at the point in our story where every one is in court to try to see who will win the battle of words
The trial started yesterday. Ms. Rowling was there to answer to why this lexicon is OK on the net but not as a book selling for 24.95 a pop. And she did a very good job of it. If you care to read a fair transcript of the thing there is one at The Leaky Caldron .
I am firmly on the side of the creator on this one. I have watched friends have to deal with people using their creations for profit that they don't see one thin dime from. I have also talked to friends who have had to use the court system to defend their rights to their property. Believe me, the stress on this sort of thing is great and very wearing.
But people are crying fair use! I think that most people haven't a clue what fair use it. I do because it was one of the things I had to deal with as an editor when I worked on non-fiction books. Just because JKR allowed the Internet site to exist doesn't mean that she gave passive permission for it to be published in book form. And what is happening in court today is going to bring up a whole set of red flags for creators when they find their work being used as the launching point for something on the net. Yes I do believe that down the road this is going to screw things up for someone else who has the best of intentions.
I think the thing I find most disheartening about the whole thing is that the fan asked the creator for her blessing to do thing and she told him gently no and please don't. That should have been the end of that but fan boy thought better of it or rather as he is now stating it, the publisher came to him and said that it would be legal without permission because of fair use so, even though he knew the creator didn't want it done, he did it. And, because of the contract he signed with the publisher, this stunt isn't going to cost him a dime in real money. I just hope he realizes what he really lost when this is all over.
I am grateful for fans that do listen when they ask permission and do take no for an answer.