The of Harry Potter Lexicon vs. J.K. Rowling

Mr. Vander Arks latest theatrics in court do not take away the fact he is a thief.

The critiquing, analysis, and promotion of published material; especially one so widespread as the Potter series, without the threat of legal retaliation is one of the benefits of the Internet. Anyone can set up a website to pay homage, or debase his or her favorite subject. It’s what’s done. All you have to do is count the many and diverse sites for Star Wars, Lord of the Rings, and yes, Harry Potter. But when does a fan-based website go too far? When does the critiquing, the facilitation of information, when does the devotion cross the line. Steve Vander Ark and his Harry Potter Lexicon (http://www.hp-lexicon.org) have cross that line and now we are to believe he is a victim of corporate greed.

Ok, to bring you up to speed this is what is happening. Steve Vander Ark, a former children's librarian and teacher at a Christian school near Grand Rapids, created the Harry Potter Lexicon website to help many fans get through the complicated ins and outs of the Rowling Universe. The site has become so popular that many consider it as the authority on the Potter series outside of J. K. Rowling herself. Even Rowling admits that she uses H. P. Lexicon and that both she and Warner Bros. had supported Vander Ark (even provided a link from the Rowling site, http://www.jkrowling.com). That changed on October 31st of this year when Rowling and Warner Bros. filed a lawsuit against Steve Vander Ark, and his publisher RDR Books, in order to prevent him from publishing a book based on his website. On November 10th, Federal judge Robert Patterson issued an order barring completion, distribution, marketing or advance sales of the book until infringement rights can be determine by the court. The block is in place until at least February 10th when the court will make a decision.

In the meanwhile, Vander Ark and RDR Books had contacted Stanford University's law school, and specifically Anthony Falzone of Stanford's Fair Use Project, for aid in this (what the news media is calling) “David versus Goliath” match. Falzone is quoted to have said concerning the matter of the book and the suit; "it goes to the heart of the right of fans to enjoy literature, talk about, comment on it, create tools to understand it better". Steve Vander Ark is portrayed as just a little guy who devoted all his extra time (“thousands of hours cataloging Potter obscurities such as the books in Albus Dumbledore's office, the lineage of the Malfoy clan and the flavors of Bertie Bott's Every Flavor Beans” is one quote from a Detroit Free Press article, http://www.freep.com/apps/pbcs.dll/article?AID=/20071209/NEWS05/712090652/1001) and even sacrificed his job (he quit shortly before the lawsuit was filed to dedicate more time to the book) for a project that was to benefit many Potter fans and along comes mean and greedy Rowling (“the riches woman in the world”) and Warner Bros. wanting to take it all away from him. They say that the issue is about money- and damn right it is!

Irregardless of Mr. Vander Ark‘s, or RDR Books‘, or even Mr. Falzone’s statements over “fan rights” the crux of the matter is that The Harry Potter Lexicon book was going to “borrow” (aka steal) material created by J. K. Rowling. That very little of that material was going to be original. That although he pays homage to the author, he and RDR Books would have paid not a dime of royalties. Oh, and don’t think that Mr. Vander Ark is some poor wretch living unemployed, oh no, don‘t you believe that. He has profited quite nicely from his fame as the Wizard of Potter lore, he speaks in such places as Copenhagen, London, Orlando and Ottawa giving keynote addresses at Potter conventions to filled ballrooms, and now he has moved to England to research a guide on the British Isle. I wonder how heavily he’s going to “borrow” from travel guidebooks. Also, I can't think of too many first time authors that can quit their day jobs to dedicate all their time to writing. At least not many with original material.

My point is this, a writer works hard to pour out everything he can into a work that may, or may not, be liked by others. A writer has a story to tell and must create the characters, the places, and the challenges they face in order to convey that tale. Even then, once completed, a writer must convince others of its literary worth and try to publish, promote, and sell to an audience. Mr. Vander Ark did not create Harry Potter. He had all the major work done for him long before he came along and now he expects to be rewarded for his efforts in "facilitating information" (again, aka stealing) through the publishing his own book (his own, yeah right). I don’t have a problem if Mr. Vander Ark wishes to continue his hobby as long as he doesn't profit from it. But thievery is thievery no matter how you try to pretty it up and if Mr. Steve Vander Ark and RDR Books do manage to publish, and not pay, it will be disappointing to know that somewhere there’s someone who can steal your work and profit from it.