Lexicon Author Cries, Rowling Indomitable, Judge Says Settle

By Jane Ivory
14:47, April 17th 2008
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Lexicon Author Cries, Rowling Indomitable, Judge Says Settle

The adventure of the unauthorized “Harry Potter Lexicon” continues, with the passionate reader and encyclopedia author breaking down on the stand, J. K. Rowling unrelenting and the judge handling the case recommending a settlement.

U.S. District Judge Robert Patterson Jr., who is handling the copyright infringement case famed British author J. K. Rowling has brought against a die hard fan who wishes to publish a lexicon based abundantly on her seven Harry Potter books, is recommending a settlement.

Patterson said Wednesday that Rowling and Steven Vander Ark, a 50-year-old former middle school librarian and Harry Potter aficionado, should try to settle the copyright dispute out of court, as it could lead to years of appeals.

Patterson has heard testimonies from both Rowling and Ark, as well as other witnesses, regarding the controversial “Harry Potter Lexicon.” Monday, the 42-year-old author said the unauthorized book amounts to “wholesale theft” of 17 years of her life’s work.

Ark operated a fan website of the same name for years and was even praised for his work by Rowling. The 400-page book, listing alphabetically names, places, potions, spells, creatures and objects present in the Harry Potter world, is based on the website.

Rowling is seeking to block the publication of the book, not the closing down of the site.

Tuesday, Ark told the court that he was a former “Star Trek” fan and that 1998’s “Harry Potter and the Sorcerer’s Stone,” the first in the series, had been love at first sight for him, reports the New York Times.

He described Rowling as his literary idol and argued that using massive portions of her own writing in his lexicon had been inevitable, as the world she presented came from the realms of her own imagination.

“It wasn’t like I could go to the zoo and see a creature and write about it,” he said, quoted by the Times.

Ark was visibly impressed by the situation of changing status from well-appreciated fan to reviled plagiarizer and even broke down in tears during his testimony.

Rowling’s response to his emotional testimony was succinct and unyielding: “A fan’s affectionate enthusiasm should not obscure acts of plagiarism,” she said through a spokeswoman.

Rowling appeared before Patterson again Wednesday and was more determined than ever to have her work protected. “I didn’t fly here because I was worried about losing sales,” she said, emphasizing once more that for her the dispute is not over financial issues.

“I’m here because I passionately believe that this case is about authors’ right to protect their creation. If this book is published, the floodgates will open,” she added. “I see this as an incredibly important case. Are we or are we not the owners of our work?”

The New York Post further reports that Ark testified Tuesday that he only agreed to put together the encyclopedia after RDR Books owner Roger Rapoport approached him last summer. Rapaport has already told the court that he had assured Ark he would indemnify him in the event of a lawsuit by Rowling.

Ark said he had always thought, before Rapaport came along, that a print version of his lexicon would be a violation of copyright law.

RDR Books is a small, Michigan-based publisher. Rapaport previously called the lawsuit a “David and Goliath battle.”

Rowling said Monday that the publication of Ark’s lexicon would hinder her own plans to publish an encyclopedia, the proceeds of which, perhaps millions of dollars, she intends to donate to charity.

Rowling also argued that the lexicon is “sloppy, lazy” writing and that Ark and RDR only want to make a “fast buck.” The book, originally scheduled for a November 2007 release, would have been sold for $24.99.



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