Posts tagged JK Rowling

Of course we knew how it would end.

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JK Rowling, having scored one for the BIG GUY, has won her copyright case against Steven Vander Ark and his publisher RDR Books.

You, faithful Normalinauts, may remember I opined on this subject most vehemently once…

To this day it remains one of the busiest, in terms of site views, we’ve ever had here at ol’ Normality Restored. Most of that thanks to a group of…let’s call them “fans“…of Rowling’s who thought I was wrong, deadly wrong.

In any event, I think we all knew where this case was headed, right? I mean, there was no way a small publisher in Michigan (hint: if you are a publisher in Michigan, then by definition you are small) was going to beat the massed forces of darkness known as the Warner Brother’s Legal Team.

So, no hardcopy HP Lexicon for us. Now on to things that actually matter.

JK Rowling has deigned that the “little people” are allowed to read.

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Remember when JK Rowling, saint that she is, made seven bourgeoisie copies of Tales of Beedle the Bard, and auctioned one off for charity?

Well, I guess she decided that more than 7 people should be allowed to read the thing because it’s going to be released to the public later this year.

(more…)

Beating a Dead Horse – One More Post About Rowling/Vander Ark/Fair Use

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Well, the trial is “over” in that, no more evidence will be submitted or arguments made. Although, both sides will continue to file briefs, and the actual verdict isn’t expected for several weeks. So at least the crying on the stand parts of this story are done with.

Now I’m going to excerpt a bit of Neil Gaiman’s most recent journal post:

Lots of emails from people asking me to comment on the JK Rowling/ Steve Vander Ark copyright case. My main reaction is, having read as much as I can about it, given the copyright grey zone it seems to exist in, is a “Well, if it was me, I’d probably be flattered”, but that obviously isn’t how J.K. Rowling feels. I can’t imagine myself trying to stop any of the unauthorised books that have come out about me or about things I’ve created over the years, and where possible I’ve tried to help, and even when I haven’t liked them I’ve shrugged and let it go.

Given the messy area that “fair use” exists in in copyright law I can understand the judge not wanting to rule, and assume that whatever he says the case will head off to the court of appeal.

It goes on for a bit…I suggest that you read the whole thing.

Anyway, in a little while we’ll know which way the judge has ruled…and then whichever side loses will appeal, then we’ll wait a while for the appellate case, then that decision, then another appeal, then (I’m betting) the Supreme Court. My guess is that this will turn out to be one of the formative cases for Copyright law for the next 100 years.

Me First and the Gimme Gimmes – The Longest Time

More Rowling and the Nature of “Ownership” in this, the Digital Age.

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First off, thanks to c and Kerri. How did I know that the Normalinauts would have my back?

Although, as I watch the site views continue to bump up I was hoping that more people would leave comments. As I said to gilgrim earlier today (via gchat) it’s good for the soul to be told to take your own head out of your ass. And I really do believe that.

But I’ve been thinking more and more about this whole thing because, as an aspiring writer, how this lawsuit plays out may (godz willing) one day effect me and my own “intellectual property.”

Now if this isn’t about the money, as Ms. Rowling has said (and I don’t entirely believe that), and it isn’t about her work being “perverted” in some way (since the HP Lexicon is, essentially, a catalog) then the only thing it can be about, as c mentioned, is control.

Rowling stated in her testimony that the HP books felt like her children. Now, I’m not sure what her children think of that, and by the way it took me nearly a decade…admittedly I wasn’t consistently writing that whole time…to finish my first novel and guess what, given the choice of having to burn the only copy of my book and getting my daughter, guess which one I’d choose in a heartbeat. But that seems like an odd metaphor to me. The fact of the matter is, every writer writes so that people will read his/her writing. It’s that simple. You create something to, essentially, give to other people…and hopefully make a few bucks while you’re at it. Tim Powers (we all know of my love for Powers) says that he is skeptical of any writer claiming not to care how big his audience is. Every writer wants as big an audience as possible. But something odd happens once the writer has finished writing and that manuscript has now become a book that people buy and read. And now I’m going to excerpt from another one of my personal lords and saviors, Neil Gaiman:

(Quick note, the italics are mine)

I once – at the International Conference on the Fantastic in the Arts, in Florida, some years ago – went to a presentation of three papers on my work (one of which is reprinted here), and after each paper was presented, I was asked if I would like to make some reply, which is honestly a bit like asking someone who has just undergone an autopsy if he’d like to talk about the experience. (My replies varied, at least in memory, from “Er, thanks. That was very nice of you,” to an “Er, with respect, if you read the issue you’ve cited, I don’t believe it actually says what you think it does”. But possibly I just smiled and nodded.)

Those were, however – with the exception of pointing out the occasional objective mistake – simply my opinions, and I don’t consider them to be privileged. Once you’ve written something it’s not yours any longer: it belongs to other people, and they all have opinions about it, and every single one of those opinions is as correct as that of the author – more so, perhaps. Because those people have read the work as something perfectly new, and, barring amnesia, an author is never going to be able to do that. There will be too many ghost-versions of the story in the way, and besides, the author cannot read it for the first time, wondering what happens next, comparing it to other things that he or she has read.

That comes from Mr. Gaiman’s forward for a book of scholarly papers written about the Sandman. And while Gaiman is addressing a different topic altogether, the sentiment, I think, is the same. I tried unsuccessfully to find an interview I read some year’s ago with George Lucas. I’ll have to paraphrase, but basically Lucas said that, upon the original publication of Splinter of the Mind’s Eye he realized that the universe he had created was much larger then he thought, and it contained many more stories then he could ever tell, and people wanted to hear those stories. In the same way that Gaiman stated that, once you publish a novel, it’s no longer yours, when you are a George Lucas, or a JK Rowling, you create something so large and complex that connects with people in such a way that you cannot ever be the only one to “control” it.

In her testimony Rowling said that if the HP Lexicon were published that she would then be very discouraged about completing a reference book on her own, and my response to that is, “why?” If anything, I would think that it would motivate her that much more, in an effort to publish the “official” reference guide to HP. Or maybe that’s just me…

But let’s change gears for just a moment. We live in a time when broadband internet connections and digital content are the norm. Consider the digital distribution of both Radiohead’s and NiN’s most recent albums. Both of these groups have fan bases that can be described as “dedicated” (although, rabid might be a better term). I would hazard a guess that the HP fan base is at least as dedicated. Did Radiohead or NiN lose money by releasing new albums for free? No. Did they make as much as they might have by going a more traditional route? Who knows. But what I do know is that each of these bands successfully recognized that we are no longer in a black and white “copyright” world. Are these two instances directly related to the current Rowling v. HP Lexicon battle…no. But I think they are instructive. People are going to (more and more as the years go by, I’d wager) increasingly see copyright and ownership of intellectual property as a negotiable state of existence whether or not Rowling wins this case.

Again, I’m going to refer to Gaiman. His publisher recently agreed to host, for an entire month, a freely accessible full digital version of one of his novels (it was American Gods, his largest by far). You know what happened during that month? Sales of the book spiked!

The HP Lexicon, I am convinced, would not take away from Rowling’s potential to continue earning money off of her intellectual property. That will be, trust me, the defining characteristic of copyright law/decisions in the years to come. Not, did that person use your material, but did that person in some way cause you to lose revenue off of your material. The fact of the matter is, HP does not belong to Rowling alone. It belongs to every one who has read and enjoyed the books. She may feel that the books are “her children” but to the rest of us, they are our friends, and as much as she wants to control them, she can’t. It isn’t the 1800′s and you aren’t Dickens, Ms. Rowling.

My guess is, if the HP Lexicon is allowed to be published it will sell decently, but if you, Ms. Rowling, do actually finish your own HP reference work, that one will be gobbled up like mother fucking manna from heaven!

Ms. Rowling, you created something so unique and special that people connected with it in a deeply emotional way. Take a cue from Lucas, Radiohead and Trent Reznor and let go. You may find it quite freeing. And if that doesn’t help, you can always cry yourself to sleep on a mountain sized pile of $100 bills.

Oh Interwebz, you are a cruel mistress!

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Yesterday saw a spike in our traffic that usually only occurs when Gilgrim shows up to post a comic. The spike was the direct result of my letter addressed to JK Rowling, et al. But, oh the many and varied denizens of the interwebz have spoken out against what I had to say…

I suppose that proper internetz protocol would dictate that I respond to those comments on the site that they appeared, much as Holly Won’t once did here on NR. But if I wanted to comment all over the place I wouldn’t have my own website, so…

To rowsdower: My point was that, much like the HP books, Troll centers on a young man being told that he is part of a secret world of wizards and witches…and maybe a giant pickle thing would have been cool at Hogwarts, I’m just saying.

To frequentmouse: Well, I don’t know what to say, I mean, I like white text on a black background. It just seems easier to read…

So, probably, neither of those two will read this. I don’t actually care that much, but I did feel the need to reply because I like having the last word.

Another thought occurred to me last night though, and after reading this recap of her testimony, I have to say I’m becoming increasingly sick of Ms. Rowling’s gaping maw of shit she calls a mouth.

Toward the end of direct, Cendali asked whether publication of the H.P. Lexicon in book form would discourage Rowling in her own creative work. Rowling replied that if, when she’d been “choosing between food and a typewriter ribbon,” she’d known that anyone could take her words, she’d have been discouraged. Moreover, said Rowling, if the market is flooded with inferior Harry Potter encyclopedias, readers will be “sick to the back of the teeth” with such books. “It’s the reading experience that stands to be endangered here,” she said.

I wonder if Ms. Rowling had an opportunity, at any point during the first half of last year, to visit any bookstore in the US. I can’t speak for places outside my own country, but I know for a fact that over here, before HP 7 came out, there were a shitload of books out in stores about what would and wouldn’t happen in #7. Don’t believe me?

So my question is, why didn’t Rowling have the same concerns about the “reading experience being endangered” with all these other books that came out before HP 7? Could it be, maybe, that all these works added to the general feeling of anticipation and excitement (read: probable sales) surrounding the final installment of the Potter saga? But now, all that’s really left for Rowling to do with the Potter world (unless she writes the eighth book she’s hinted at…which if her first non-Potter book bites it, she will) is do a reference book herself. Personally, I think she needs to take the George Lucas stance and realize that she’s created a universe much too large for her to be the only one to “play in.”

And look, I like the HP books, I really do. I’ve read them all more than once, and I’ve listened to the audio books each several times (because, if we can agree on nothing else, I think everyone can admit that Jim Dale rocks out with his cock out!). But, come on Ms. Rowling! Is a trial in a US District Court really fucking necessary?

An Open Letter John Buechler, Steve Vander Ark, JK Rowling, and Warner Brothers.

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Dear John, Steve, JK, and WB,

How are you guys?

I hope you’re all feeling well.

I understand that there are currently some tensions between Ms. Rowling and Mr. Vander Ark and Mr. Buechler and Warner Brothers, and I was hoping that I might lend a word or two in the hopes that everyone can reach some sort of compromise.
Now Ms. Rowling, in the declaration that was filed in District court against Mr. Vander Ark you said that you were “very frustrated that a former fan has tried to co-opt my work for financial gain.”

My response to this is fourfold:

1. Take your head out of your ass.

2. I doubt, given the time and effort it would take to compile the HP Lexicon, that the man you are suing would call himself a “former fan.”

3. Exactly how much money do you have? No, that wasn’t a rhetorical question, I really want to know how much you have because I am willing to bet that even if the HP Lexicon were published and sold a million copies, Mr. Vander Ark (the Lexicon’s author) still wouldn’t have 1 tenth of the money you have, so let’s just all admit that he isn’t really taking money out of your already very deep pockets.

4. And finally, please try and understand that what Mr. Vander Ark (and others, who write fan-fiction, for instance) is doing will only help to continue the life of the books/universe you created and, in the long run, will mean that more of your books will sell (to future generations), which will, I’m sure you are aware, equate to you making even more money so…please take your head out of your ass.

My assumption is that this whole lawsuit was really just a way for you and your publishers to force Mr. Vander Ark to cut you in on the profits of the HP Lexicon…which brings me to John Buechler and Warner Brothers.

So Mr. Buechler co-wrote and directed a film called Troll which was released in 1986. An interesting bit of trivia about this movie, the main character is named Harry Potter Jr. Now I’m willing to admit that maybe Ms. Rowling never saw the movie. I mean, it isn’t like Harry and Potter are ridiculously obscure names in the English language, but…there are more similarities between Mr. Buechler’s film and Ms. Rowling’s books.

So you, Warner Brothers, have threatened Mr. Buechler with a lawsuit if he moves along with production on a remake of the film, claiming that you will “protect your rights” or something. Now I’m no legal scholar here, but I don’t exactly understand how you can “protect” the name of a character when that same name occurred in someone’s work a decade before is showed up in the work you now distribute. Unless you have a time machine tucked in the corner of a lot somewhere and you plan to go back to 1985 and stop Buechler from writing his script, I’m not sure exactly how else you can “protect your rights.”

Seriously WB, where the hell are you getting off?

Look, the history of the written word is a history of theft and plagiarism. Shakespeare…fucking Shakespeare…”borrowed” from mythological and historical sources for nearly every one of his plays. Now I’m not calling you a plagiarist, Ms. Rowling, but what I am saying is that you can’t try and pass yourself off as having never read, seen, or heard anything ever. It’s pretty well documented that you “came up with the idea while on a train from Manchester to London” or whatever. But you didn’t live in a vacuum, no one does. So for WB to threaten legal action against Buechler for possibly using a character he wrote 10 years before you wrote a character with the same name just seems to be the most ironic thing I’ve ever heard.

And, of course, you, Ms. Rowling, and WB, have had a fairly large amount of court dates over the years. I totally understand the need to protect a piece of intellectual property like HP. I get it. People want to take a bite out of that shiny apple any way they can. But at a certain point, one stops becoming the victim and starts becoming the victimizer.

So please, Ms. Rowling, for the sake of what’s left of your already money-tainted soul, drop the suit. Warner Brothers, I know it’s hard, being as your a movie studio and all, but try and realize that you are not god, did not invent sliced bread, and stop being such a big pile of dick wagging douche bags. Mr. Buechler, I hope you produce your remake and I hope that the main character is named Harry Potter Jr. And Mr. Vander Ark, I hope you get to release the book that you’ve poured your time and work into.

Love,
Kilian

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