Dear Mr. Rapoport,
First of all, let me say I am sorry that the Harry Potter Lexicon is delayed publication....
I do not know if the views of customers are of any interest to you or your solicitors, but I am voluntarily adding a few points which are purely my own opinion but which you (or your solicitors) may make public or use in any appropriate way. And should you do so, I have no wish to remain anonymous.
First of all I think Steve Van Der Ark has done a magnificent and rigorous job with the Lexicon. It may have begun as a hobby, but I cannot see why he and his fellow-workers should not look for some financial reward for all their painstaking work if they so wish.
Since he and his team have been scrupulous is making clear what information on the site is "canon" (ie, found either in the books themselves or in recorded interviews with JKR herself) and what is speculation, it seems obvious to me that the work comes under the heading of Fair Literary Criticism. (Indeed, it is hardly criticism, since most of it is laudatory.)
A number of best selling authors have had "Companion Volumes" published to comment and elucidate their works. I know of at least three: Ellis Peters; Dorothy Dunnett; and Dorothy L. Sayers. However, in the first two instances the companion volumes were created with the active co-operation of the author in question and the third was compiled after the author's death by the Society dedicated to her fame. All have been popular with enthusiastic readers.
As far as I am aware neither JKR herself nor Warner Brothers have expressed any intention of bringing out a comparable volume, and if they did it would surely be very different from Steve Van Der Ark's highly individual approach.
And IF they did I can assure you that I would buy that as well.
I have bought all the HP book (apart from the first 2 which I bought in second-hand paperback in the wrong order) as soon as they were published. I have also bought a number of associated volumes, together with the videos / DVDs of the film versions as soon as they were available.
Believe me when I say that I would not be buying the Lexicon as an ALTERNATIVE to any other book, but as an ADDITION to my library. I am sure most other customers think the same; I cannot imagine that the publication of the Lexicon can in any way diminish the sales of other HP book material.
JKR has always struck me in interview as an intellegent and sensible person. I know that creative artists can be very protective of their works, but it is my opinion that she is being pressurised by Warner Brothers into bringing this suit. They claim copyright over the name "Harry Pooet" as well as their created images which seems to me to be absurd. I would have thought that the most they could ban would be use of stills from the films, other photographs of the actors in costume and the distinctive lettering and art-work which has been created in their work-shops. These things are their creation. Even so, there is surely a "fair criticism" element even in reproducing these. Possibly Warner Brothers are narked that Steve Van Der Ark does not regard the films as "canon" and indeed has been at pains to point out where the films mis-represent the books, sometimes in very subtle ways. Their over use of exaggerated special effects at the expense of story details has been one of my criticisms of every film.
I write as a former academic librarian who had some experience of how copywrite law is frequently violated on the photocopier!
Copyright Law has aways been a shambles and takes years to catch up with the new media if at all. I am not familiar with the differences between British and American law on the subject, but it is my feeling that if Steve Van Der Ark had offered his work to an English publisher, he would not have run into trouble.
I hope you will not consider that last remark as unfair. I am behind you and Mr Van Der Ark (for whom I have a fellow-professional's profoundest respect) in this cause. I wish you the very best of good fortune. May you be David to Warner Bros. Goliath.
Sincerely,
Brenda M. Cook, BA. MSc. Dip. Lib
Independent Scholar.
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