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• Apr 16, 2008 8:48 am US/Eastern
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  Copyright Trial Preventing Rowling From Writing

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Copyright Trial Preventing Rowling From Writing

U.S. District Judge To Decide Fate Of Lawsuit

NEW YORK (CBS) ― Fantasy and reality are colliding in a courtroom in lower Manhattan this week. On one side, 'Harry Potter' author J.K. Rowling. On the other, a fan whose enthusiasm for her works may be a violation of copyright law.

The British author is suing publisher RDR Books for copyright infringement over its plans to publish a "Harry Potter Lexicon" based on a Web site created by Steven Vander Ark, a 50-year-old from Michigan who counts himself among Rowling's most devoted readers.

A Manhattan federal judge will decide if Vander Ark has created a helpful web guide or a rip-off of Rowling's works.

"It's been difficult because there has been a lot of criticism, obviously, and that was never the intention," Vander Ark said in court Tuesday. "This has been an important part of my life for the past nine years or so."

Rowling says she admires Vander Ark's lexicon web site, but has a big problem with him trying to publish the encyclopedia and sell it for $25.

"There are lots of books in many languages that criticize Harry Potter and I am delighted about that, but the book in this case is different. It provides no analysis and virtually no commentary. It takes far too much and it gives far too little," Rowling told reporters outside the courtroom.

Vander Ark's lawyers admit his Harry Potter Lexicon infringes on copyrights, but argue it's a reference guide that helps organize the complicated Potter world. They say it's intended to be used for a greater purpose - namely scholarly pursuit.

But Rowling disagrees. "If books that plagiarize other works are permitted, authors, fans and readers stand to lose," she said Tuesday.

At issue is whether there is enough interpretation and analysis in the lexicon to justify its use of Rowling's characters and language.

The trial comes eight months after the publication of Rowling's final book in the series, "Harry Potter and the Deathly Hallows." The seven books have been published in 64 languages, sold more than 400 million copies and produced a film franchise that has pulled in $4.5 billion at the worldwide box office.

Rowling (her name rhymes with bowling, rather than howling), testified Monday that the Harry Potter characters she created are as dear as her children, and that the ordeal of the lawsuit is draining her of her will to write.

The trial comes eight months after the publication of Rowling's final book in the series, "Harry Potter and the Deathly Hallows." The seven books have been published in 64 languages, sold more than 400 million copies and produced a film franchise that has pulled in $4.5 billion at the worldwide box office.

(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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