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.