Another famous author is in the news regarding plagiarism claims. While J.D. Salinger is suing J.D. California over what is essentially a sequel to the famed Catcher in the Rye, on Monday June 15, the estate of .jpg)
Adrian Jacobs officially claimed that J.K. Rowling copied "substantial parts" of The Adventures Of Willy The Wizard - No 1 Livid Land written in 1987 by the now deceased Adrian Jacobs. Harry Potter and the Goblet Of Fire is also a story of a wizard who travels on trains. Jacobs’ estate named Bloomsbury, Rowling’s publisher, as the defendant and is looking into whether or not to add Rowling to the suit. The estate is also seeking to either prevent further sales of Goblet of Fire or to share in the proceeds. Bloomsbury calls the claims “unfounded, unsubstantiated and untrue.”
Rowling had also been sued for copyright infringement in 2000 by Nancy K. Stouffer who in 1984 wrote The Legend of Rah and the Muggles (which are tiny adult cartoon characters that resemble babies). Stouffer claimed ownership of the term muggle. Stouffer also claimed she wrote a book entitled Larry Potter and His Best Friend Lilly, and that Larry looked a lot like Harry, however courts ruled Stouffer had produced "falsified evidence." A copy of the original self-published book cannot be found.
On the flip side, Jiangsu Fine Arts Publishing House recently refuted claims that author Zhou Yiwen plagiarized parts of the Harry Potter series in his much anticipated children’s novel The Adventurous Prince to be released at the end of June. Chinese media pointed out the similar details and stated that Rowling was preparing to file lawsuits, although to date no notice of suit has been received by Jiangsu. Recall Rowlings plagiarism claim in 2008 against Steve Vander Ark’s Harry Potter Lexicon, an encyclopedia of sorts about the Potter series characters. Vander Ark claimed fair use, but lost his case.
Copyright infringement and plagiarism are taken seriously, but in the publishing world can be difficult to prove. Are there really any original ideas that have never been written down before? Do we remember every detail of all the books and papers we’ve read? Has one book caused a similar one to lose money or otherwise suffer? J.K. Rowling was not sure she would win the case against Harry Potter Lexicon. Stouffer still believes she has a case with the muggle term, although the word has been around since 1854 when Lewis Carroll gave the name to a character in his short story Wilhelm von Schmidtz and in the 1920’s the term referred to marijuana cigarettes. It has been noted on one Harry Potter website that the series includes details similar to other earlier books: Neil Gaiman’s comic book series Books of Magic, The Secret of Platform 13 by Iva Ibbotson, and Charmed Life by Diana Wynne Jones. Coincidence happens.
Comments
A great deal has happened since the events referred to in this commentary. Hundreds of newspapers and magazines, including the Associated Press, have reported that Steve Vander Ark's Lexicon: An Unauthorized Guide to Harry Potter Fiction and Related Materials was published by RDR Books in January 2009 and is widely available in the United States, Canada, the United Kingdom and elsewhere around the world. Mr. Vander Ark has lectured widely across the United States and Britain on the new book which has been well received by the critics. Kirkus Reviews has high praise for the new book: "Stealing a march on all competitors, this wins points for currently and all but the most obsessive readers will find it unexcelled for ease of use as a quick reference guide." Many other reviewers have similarly praised the book.
In a statement issued to Publishers Weekly, J.K. Rowling's lawyer Neil Blair said: "We are delighted that this matter is finally and favorably resolved."
Many legal commentators have written that Judge Patterson's decision (see Justia.com) which should be read by anyone interested in this case, makes clear for the first time that reference books are transformative under the Fair Use exception to the copyright act. The judge created a very clear roadmap for the author of the Lexicon and other authors of similar non-fiction companion works on fictional series.
In an article written for the American Library Association and the Association of Research Libraries attorney Jonathan Band explains "How Fair Use Prevailed in the Harry Potter Case. A great deal of additional up to date information is available at www.rdrbooks.com and also at the Stanford Law School Fair Use Center website and www.rdrbooks.com
Thank you, Mr. Rapaport, for updating me about The Lexicon and for the details of the lawsuit. I have published a separate article concerning the trial results, which I found quite interesting, and the implications for fair use.
Coincidence happens you say? Well of course it does,just likesay Adrian Jacobs ADventures of Willy The Wizard was allegedly handled by Chris Little Jacobs Literary Agent and J.K.Rowling just happened upon Chris Little's name in a library book and mailed him the manuscript. Both books with Wizard Schools,trains,Hospitals,Gamblers,Prisons and the plot of a year of Wizard contests where the hero working it all out in his super bathroom discovers he must rescue human hostages from half human creatures for 40 points or 1000 granbd prize. And that is the main plot (the second task)of Harry Potter and The Goblet of Fire published 13 years later.
Chriistopher Little the same agent? Just a coincidence indeed it's no coincidence that they are suing St.Joan of Rowling for copyright infringement and good luck to them.
Too many small authors and composers are ripped off by rich juggernauts who cower behind crowds of lawyers and mountains of money.
You can run but you can't hide!Frank Persol
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