Judge Puts Kibosh on Harry Potter Encyclopedia

By Pamela Mortimer

Steven Vander Ark is a huge Harry Potter fan. So much so in fact, that Vander Ark has made an attempt to publish "The Harry Potter Lexicon", an encyclopedia referencing the best selling series by literary superstar J. K. Rowling. On Monday, a federal judge blocked publication of the book, claiming that it would cause Ms. Rowling "irreparable injury."

Vander Ark, operator of a website called the "Harry Potter Lexicon," attempted to have the book published through RDR Books, a small press in Michigan. In 2007, Rowling sued the would-be publisher to prevent the production of the book.

The case was ruled on by United States District Judge Robert P. Patterson, who awarded Rowling and her publishing company a total of $6,750 in statutory damages. The judge also instituted a permanent block on the publication of Vander Ark’s lexicon.

The argument from Vander Ark and RDR is that the book should not be kept from being published, citing the "fair use" section of the copyright law. According to the copyright law, fair use generally refers to such material that will be used under the guise of "criticism, comment, news reporting, teaching, scholarship, and research." Typically, fair use of copyrighted material tends to be granted for non-profit activities, although the law may be somewhat vague.

Although the U.S. code has made alterations to the law over the years, in general the copyright law is international in nature. Therefore, it applies to this case even though Rowling is British.

Despite the defendants’ claims, Judge Patterson ruled that Vander Ark and RDR "failed to demonstrate fair use."

After the ruling was handed down, Rowling released a statement, saying, "I took no pleasure at all in bringing legal action and am delighted that this issue has been resolved favorably."

"We are obviously disappointed with the result and RDR is considering all of its options, including an appeal," said defense attorney David S. Hammer.

Rowling, in conjunction with film producer Warner Brothers Entertainment, filed the initial lawsuit against Vander Ark and RDR in 2007. Warner Brothers is a subsidiary of Time Warner, parent company of CNN.

Rowling has stated that she has had plans for a long time to publish a Harry Potter encyclopedia, detailing the many unusual words and phrases often used throughout the books and movie series.