Legal disputes over the Harry Potter series
   HOME

TheInfoList



OR:

Since first coming to wide notice in the late 1990s, the ''
Harry Potter ''Harry Potter'' is a series of seven fantasy novels written by British author J. K. Rowling. The novels chronicle the lives of a young wizard, Harry Potter, and his friends Hermione Granger and Ron Weasley, all of whom are students at ...
'' book series by
J. K. Rowling Joanne Rowling ( "rolling"; born 31 July 1965), also known by her pen name J. K. Rowling, is a British author and philanthropist. She wrote ''Harry Potter'', a seven-volume children's fantasy series published from 1997 to 2007. The ser ...
has been the subject of a number of legal disputes. Rowling, her various publishers and
Time Warner Warner Media, LLC ( traded as WarnerMedia) was an American multinational mass media and entertainment conglomerate. It was headquartered at the 30 Hudson Yards complex in New York City, United States. It was originally established in 1972 by ...
, the owner of the rights to the ''Harry Potter'' films, have taken numerous legal actions to protect their copyrights, and also have fielded accusations of copyright theft themselves. The worldwide popularity of the ''Harry Potter'' series has led to the appearance of a number of locally-produced, unauthorised sequels and other derivative works, leading to efforts to ban or contain them. While these legal proceedings have countered a number of cases of outright piracy, other attempts have targeted not-for-profit endeavours and have been criticised. Another area of legal dispute involves a series of injunctions obtained by Rowling and her publishers to prohibit anyone from distributing or reading her books before their official release dates. The sweeping powers of these injunctions have sometimes drawn criticism from civil liberties and free speech campaigners and led to debates over the "right to read". One of these injunctions was used in an unrelated trespassing case as precedent supporting the issuing of an injunction against a
John Doe John Doe (male) and Jane Doe (female) are multiple-use placeholder names that are used when the true name of a person is unknown or is being intentionally concealed. In the context of law enforcement in the United States, such names are ofte ...
. (kept at
Oxford Center for Higher Education Policy Studies
Outside these controversies, a number of particular incidents related to ''Harry Potter'' have also led, or almost led, to legal action. In 2005, a man was sentenced to four years in prison after firing a replica gun at a journalist during a staged deal for stolen copies of an unreleased ''Harry Potter'' novel, and attempting to blackmail the publisher with threats of releasing secrets from the book. Then in 2007
Bloomsbury Publishing Bloomsbury Publishing plc is a British worldwide publishing house of fiction and non-fiction. It is a constituent of the FTSE SmallCap Index. Bloomsbury's head office is located in Bloomsbury, an area of the London Borough of Camden. It has a U ...
contemplated legal action against the supermarket chain
Asda Asda Stores Ltd. () (often styled as ASDA) is a British supermarket chain. It is headquartered in Leeds, England. The company was founded in 1949 when the Asquith family merged their retail business with the Associated Dairies company of Yorks ...
for libel after the company accused them of overpricing the final ''Harry Potter'' novel, ''
Harry Potter and the Deathly Hallows ''Harry Potter and the Deathly Hallows'' is a fantasy novel written by British author J. K. Rowling and the seventh and final novel of the main ''Harry Potter'' series. It was released on 21 July 2007 in the United Kingdom by Bloomsbury Publ ...
''.


Allegations of copyright and trademark infringement against Rowling


Nancy Stouffer

In 1999, American author Nancy Kathleen Stouffer alleged
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
and
trademark infringement Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may ...
by Rowling of her 1984 works ''The Legend of Rah and the Muggles'' () and ''Larry Potter and His Best Friend Lilly''. The primary basis for Stouffer's case rested in her own purported invention of the word "
Muggle In J. K. Rowling's ''Harry Potter'' series, a Muggle () is a person who lacks any sort of magical ability and was not born in a magical family. Muggles can also be described as people who do not have any magical blood inside them. It differs fr ...
s", the name of a race of
mutant In biology, and especially in genetics, a mutant is an organism or a new genetic character arising or resulting from an instance of mutation, which is generally an alteration of the DNA sequence of the genome or chromosome of an organism. It ...
humanoid A humanoid (; from English ''human'' and '' -oid'' "resembling") is a non-human entity with human form or characteristics. The earliest recorded use of the term, in 1870, referred to indigenous peoples in areas colonized by Europeans. By the 20 ...
s in ''The Legend of Rah and the Muggles'', and Larry Potter, the title character of a series of activity booklets for children. Larry Potter, like Harry Potter, is a bespectacled boy with dark hair, though he is not a character in ''The Legend of Rah and the Muggles''. Stouffer also drew a number of other comparisons, such as a castle on a lake, a receiving room and wooden doors. Portions of ''Rah'' were originally published in booklet form in 1986 by Ande Publishing Company, a company founded by Stouffer together with a group of friends and family.Scholastic, Inc. v. Stouffer 221 F. Supp. 2d 425 ( S.D.N.Y. 2002) Ande Publishing filed for bankruptcy in September 1987 without selling any of its booklets in the United States or elsewhere. Rowling has stated that she first visited the United States in 1998. Rowling, along with
Scholastic Press Scholastic Corporation () is an American multinational publishing, education, and media company that publishes and distributes books, comics, and educational materials for schools, parents, and children. Products are distributed via retail and on ...
(her American publisher) and Warner Bros. (holders of the series' film rights), pre-empted Stouffer in 2002 with a suit of their own seeking a
declaratory judgment A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal ma ...
that they had not infringed on any of Stouffer's works. The court found in Rowling's favour, granting summary judgment and holding that "no reasonable juror could find a likelihood of confusion as to the source of the two parties' works". During the course of the trial, it was held that Rowling proved "by clear and convincing evidence, that Stouffer has perpetrated a fraud on the Court through her submission of fraudulent documents as well as through her untruthful testimony", including changing pages years after the fact to retroactively insert the word "muggle". Her case was dismissed with prejudice and she was fined $50,000 for her "pattern of intentional bad faith conduct" in relation to her employment of fraudulent submissions, as well as being ordered to pay a portion of the plaintiffs' legal fees. Stouffer appealed the decision in 2004, but in 2005 the
Second Circuit Court of Appeals The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate juri ...
affirmed the ruling. In 2006 she stated on her website that she was planning to republish her books and was entertaining the possibility of another lawsuit against Warner Bros., J. K. Rowling and Scholastic Press. ''The Legend of Rah and the Muggles'' is out of print. In early 2001, it was published by Thurman House, LLC, a Maryland publishing company. Thurman House, formed by
Ottenheimer Publishers Ottenheimer Publishers, Inc. was a Baltimore, Maryland, publisher founded in 1890 and which closed in 2002. The publisher was primarily a packager known for children's books, especially pop-up and board books, as well as cookbooks. It was a printe ...
to republish the works of Nancy Stouffer, was closed when Ottenheimer ceased operations in 2002 after filing for bankruptcy. Stouffer later asserted that any copies of the book published by Thurman House are unauthorized because the publisher failed to honour its contractual obligations to her.


The Wyrd Sisters

In 2005, Warner Bros. offered CAD$5,000 (later CAD$50,000) to the Canadian folk band the
Wyrd Sisters ''Wyrd Sisters'' is Terry Pratchett's sixth ''Discworld'' novel, published in 1988. It re-introduces Granny Weatherwax of ''Equal Rites''. Plot ''Wyrd Sisters'' features three witches: Granny Weatherwax; Nanny Ogg, matriarch of a large tri ...
for the rights to use their name in the film version of ''
Harry Potter and the Goblet of Fire ''Harry Potter and the Goblet of Fire'' is a fantasy novel written by British author J. K. Rowling and the fourth novel in the ''Harry Potter'' series. It follows Harry Potter (character), Harry Potter, a wizard in his fourth year at Hogwarts ...
''. Rowling had written a scene in the novel in which a band called the Weird Sisters appeared at a school dance, and the group owned the rights to the name in Canada. However, the offer was declined, and instead the band undertook a legal action against Warner Bros., as well as
Jarvis Cocker Jarvis Branson Cocker (born 19 September 1963) is an English musician and radio presenter. As the founder, frontman, lyricist and only consistent member of the band Pulp, he became a figurehead of the Britpop genre of the mid-1990s. Following ...
of Pulp and
Jonny Greenwood Jonathan Richard Guy Greenwood (born 5 November 1971) is an English musician and composer. He is the lead guitarist and keyboardist of the alternative rock band Radiohead, and has written numerous film scores. Along with his elder brother, t ...
and Phil Selway of
Radiohead Radiohead are an English rock band formed in Abingdon, Oxfordshire, in 1985. The band consists of Thom Yorke (vocals, guitar, piano, keyboards); brothers Jonny Greenwood (lead guitar, keyboards, other instruments) and Colin Greenwood (bass ...
, who were to play the band in the film. All plans to use the name in the movie were later abandoned. Despite that decision, the Canadian band filed a CAD$40-million ($39 million) lawsuit against Warner in Ontario court. In connection with the lawsuit, the band brought an
interlocutory Interlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and conclusion of a cause of action, used to provide a temporary or provisional decision on an iss ...
injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in p ...
hoping to prevent the release of the film. The injunction application was dismissed. The entire suit was dismissed in November 2005. In June 2006, an Ontario judge decreed that the band pay Warner Bros. CAD$140,000 in legal costs, describing their lawsuit as "highly intrusive". The group stated that they planned to appeal the decision. Jarvis Cocker initially wished to release an album of "Weird Sisters"-themed music with collaborators including
Franz Ferdinand Archduke Franz Ferdinand Carl Ludwig Joseph Maria of Austria, (18 December 1863 – 28 June 1914) was the heir presumptive to the throne of Austria-Hungary. His assassination in Sarajevo was the most immediate cause of World War I. Fr ...
,
Jack White John Anthony White (; born July 9, 1975), commonly known as Jack White, is an American musician, best known as the lead singer and guitarist of the duo the White Stripes. White has enjoyed consistent critical and popular success and is widely c ...
and
Iggy Pop James Newell Osterberg Jr. (born April 21, 1947), known professionally as Iggy Pop, is an American singer, musician, songwriter and actor. Called the " Godfather of Punk", he was the vocalist and lyricist of proto-punk band The Stooges, who w ...
, but the project was dropped as a result of the lawsuit. The Wyrd Sisters reported death threats from irate ''Harry Potter'' fans. As of March 2010, the lawsuit has been settled out of court, the details sealed.


Adrian Jacobs

In June 2009, the estate of Adrian Jacobs, a children's author who died in 1997, sued Rowling's publishers, Bloomsbury, for £500 million, accusing her of having plagiarised "substantial parts" of his work in writing the novel ''Harry Potter and the Goblet of Fire''. In a statement, Jacobs's family claimed that a scene in ''Goblet of Fire'' was substantially similar to Jacobs's book ''The Adventures of Willy the Wizard: Livid Land'': "Both Willy and Harry are required to work out the exact nature of the main task of the contest which they both achieve in a bathroom assisted by clues from helpers, in order to discover how to rescue human hostages imprisoned by a community of half-human, half-animal fantasy creatures." They also launched a joint suit against Rowling and her publishers. Bloomsbury countered with a statement of its own, saying that "This claim is without merit and will be defended vigorously," and that Rowling "had never heard of Adrian Jacobs nor seen, read or heard of his book ''Willy the Wizard'' until this claim was first made in 2004, almost seven years after the publication of the first ''
Harry Potter ''Harry Potter'' is a series of seven fantasy novels written by British author J. K. Rowling. The novels chronicle the lives of a young wizard, Harry Potter, and his friends Hermione Granger and Ron Weasley, all of whom are students at ...
'' book." The Jacobs estate, driven by his son and grandson, have published a website with details and excerpts from the book, according to the ''
Toronto Star The ''Toronto Star'' is a Canadian English-language broadsheet daily newspaper. The newspaper is the country's largest daily newspaper by circulation. It is owned by Toronto Star Newspapers Limited, a subsidiary of Torstar Corporation and par ...
''. In July 2010, the estate filed suit against Rowling's American publisher, Scholastic, demanding that the company burn all copies of ''Goblet of Fire''. On 6 January 2011, the US lawsuit against Scholastic was dismissed. The judge in the case stated that there was not enough similarity between the two books to make a case for plagiarism. In the UK courts, on 21 March 2011, Paul Allen, a trustee of the Jacobs estate, was ordered to pay as security to the court 65% of the costs faced by Bloomsbury and Rowling, amounting to over £1.5million, to avoid the claim being struck out. It was reported in ''The Bookseller'' that Paul Allen has appealed against paying this sum. As a condition of the appeal, he paid £50,000 to the court in May 2011. The claim was formally struck out in July 2011 after the deadline for Allen's initial payment was missed.


International publications

In 2002, an unauthorised Chinese-language sequel titled ''Harry Potter and Bao Zoulong'' (Chinese: Simplified: 哈利波特与豹走龙, Traditional: 哈利波特與豹走龍,
Hanyu Pinyin Hanyu Pinyin (), often shortened to just pinyin, is the official romanization system for Standard Mandarin Chinese in China, and to some extent, in Singapore and Malaysia. It is often used to teach Mandarin, normally written in Chinese for ...
: ''Hālì Bōtè yǔ Bào Zǒulóng'') appeared for sale in the People's Republic of China. (In English-language media this was mistranslated as ''Harry Potter and Leopard-Walk-Up-to-Dragon''.) According to translated excerpts, the book principally consists of the text of J. R. R. Tolkien's ''
The Hobbit ''The Hobbit, or There and Back Again'' is a children's fantasy novel by English author J. R. R. Tolkien. It was published in 1937 to wide critical acclaim, being nominated for the Carnegie Medal and awarded a prize from the ''N ...
'', but with most names changed to those of ''Harry Potter'' characters. The book was quickly recognised by media outlets as a fake. Rowling and Warner Bros. took steps to stop its distribution. Copies were briefly distributed around the world, including
e-book An ebook (short for electronic book), also known as an e-book or eBook, is a book publication made available in digital form, consisting of text, images, or both, readable on the flat-panel display of computers or other electronic devices. A ...
copies traded on the Internet. In November 2002, the Bashu Publishing House, in the southwestern city of
Chengdu Chengdu (, ; simplified Chinese: 成都; pinyin: ''Chéngdū''; Sichuanese pronunciation: , Standard Chinese pronunciation: ), alternatively romanized as Chengtu, is a sub-provincial city which serves as the capital of the Chinese provin ...
, agreed to pay a £1,600 (US$3,400) fine and publish an apology in China's ''Legal Times'' for printing and distributing the novel.Legal magic spells win for Harry in China
Oliver August and Jack Malvern, ''The Times'', 2002-11-02 Retrieved on: 2007-09-25
As of 2007, the identity of the anonymous "author" has not been discovered. The opening of ''Harry Potter and Bao Zoulong'', translated into English, was included in several news articles. As of 2007, it is estimated that there are fifteen million copies of fraudulent ''Harry Potter'' novels circulating in China, among them titles such as ''Harry Potter and the Porcelain Doll'' (otherwise known as ''Harry Potter and Ciwawa''), ''Harry Potter and the Filler of Big'', ''Harry Potter and the Half-Blood Relative Prince'', ''Harry Potter and the Golden Armor'' and '' Rich Dad, Poor Dad and Harry Potter''. In 2007, Rowling's agents, the Christopher Little Literary Agency, began to discuss the possibility of legal proceedings concerning a fake version of ''
Harry Potter and the Deathly Hallows ''Harry Potter and the Deathly Hallows'' is a fantasy novel written by British author J. K. Rowling and the seventh and final novel of the main ''Harry Potter'' series. It was released on 21 July 2007 in the United Kingdom by Bloomsbury Publ ...
'' that appeared in China ten days before the actual book's publication. In 2003, legal pressure from ''Harry Potters publishers led an Indian publisher to stop publication of ''
Harry Potter in Calcutta ''Harry Potter in Calcutta'' is a work by Uttam Ghosh in which Harry Potter meets figures from Bengali literature. J. K. Rowling Joanne Rowling ( "rolling"; born 31 July 1965), also known by her pen name J. K. Rowling, is a Britis ...
'' by Uttam Ghosh; a work in which Harry meets figures from
Bengali literature Bengali literature ( bn, বাংলা সাহিত্য, Bangla Sahityô) denotes the body of writings in the Bengali language and which covers Old Bengali, Middle- Bengali and Modern Bengali with the changes through the passage of time ...
. The case was settled out of court. Also in 2003, courts in the Netherlands prevented the distribution of a Dutch translation of '' Tanya Grotter and the Magical Double Bass'', the first of Dmitri Yemets' popular Russian series about a female apprentice wizard. Rowling and her publishers sued, arguing that the Grotter books violate
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
law. Yemets and his original Moscow-based publishers,
Eksmo Eksmo (russian: Эксмо) is one of the largest publishing houses in Russia. Eksmo and AST (which it later acquired in 2012) together publish approximately 30% of all Russian books. Established in 1991 as a small book-selling company, Eksmo gr ...
, argued that the books constitute a parody, permitted under copyright. The Dutch courts ruled that the books did not constitute parody and thus were not allowed to be sold in the Netherlands. Later that year, as the Dutch translation ''Tanja Grotter en de magische contrabas'' was still legal in Belgium, the
Flemish Flemish (''Vlaams'') is a Low Franconian dialect cluster of the Dutch language. It is sometimes referred to as Flemish Dutch (), Belgian Dutch ( ), or Southern Dutch (). Flemish is native to Flanders, a historical region in northern Belgium; ...
publishers Roularta Books decided to print 1,000 copies (and no more) in order to let people decide whether it was
plagiarism Plagiarism is the fraudulent representation of another person's language, thoughts, ideas, or expressions as one's own original work.From the 1995 '' Random House Compact Unabridged Dictionary'': use or close imitation of the language and though ...
, hoping that under those circumstances Rowling and her publishers would not sue.'Tanja Grotter' wel in België te lezen
, Nieuws.nl, 2003-09-25. Retrieved on 2008-09-25 (in Dutch)
Rowling did not sue, but as there was a lot of interest in the book (Dutch people could buy the book by postal order from another Flemish publisher, Boekhandel VanIn) it was soon sold out. The books continue to be published in Russia and have spawned several sequels. In August 2008, Warner Bros. filed a lawsuit against production company Mirchi Movies due to the similarity of the title of their
Bollywood Hindi cinema, popularly known as Bollywood and formerly as Bombay cinema, refers to the film industry based in Mumbai, engaged in production of motion pictures in Hindi language. The popular term Bollywood, is a portmanteau of "Bombay" ...
film '' Hari Puttar: A Comedy of Terrors'' to the ''Harry Potter'' film series. Mirchi Movies CEO Munish Purii claimed there is very little similarity between Hari Puttar and any elements in the ''Harry Potter'' franchise, and explained that Hari is a popular Indian name, while "puttar" means "son" in
Punjabi Punjabi, or Panjabi, most often refers to: * Something of, from, or related to Punjab, a region in India and Pakistan * Punjabi language * Punjabi people * Punjabi dialects and languages Punjabi may also refer to: * Punjabi (horse), a British Th ...
, although Indian versions of ''Harry Potter'' also translate Harry's name to Hari Puttar. The film was delayed until late September. Warner Bros. claimed that the title was confusing, but Mirchi Movies claimed they registered the name in 2005. On 24 September 2008, the court in Delhi rejected Warner Bros.' claim, saying that ''Harry Potter'' readers were sufficiently able to distinguish between the two works. They also accused Warner Bros. of delaying the action, since they were aware of the film as far back as 2005.


Other accusations of infringement

In 2000, in the lead-up to the release of the first ''Harry Potter'' film, ''
Harry Potter and the Philosopher's Stone ''Harry Potter and the Philosopher's Stone'' is a 1997 fantasy novel written by British author J. K. Rowling. The first novel in the ''Harry Potter'' series and Rowling's debut novel, it follows Harry Potter (character), Harry Potter, a youn ...
''; Warner Bros., the film's distributor, sent a series of letters to owners of ''Harry Potter'' fansites, demanding that, to protect their copyright, they hand over their domain names. The action resulted in negative publicity for the company when the 15-year-old webmaster of the British fansite harrypotterguide.co.uk was reduced to tears by what were described by her father as unnecessary bully tactics. Eventually the corporation backed down in the face of media opposition and declared that, as the site was non-commercial, it did not violate the trademark. In their May 2004 issue, the
US Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
publication '' The Preventive Maintenance Monthly'', which instructs soldiers on how to maintain their equipment, featured a spoof comic based on ''Harry Potter'', featuring a character named Topper who resided at Mogmarts School under Professor Rumbledore. The publication received notice from Rowling's lawyers that the comics breached copyright, though the magazine's editor, Ken Crunk, claimed that no violation had taken place, as " e drawings do not look like any of the characters from ''Harry Potter''". After a discussion with Rowling's representatives, the magazine agreed not to use the characters again. In 2004, Rowling and Time Warner launched legal actions against bazee.com, now the Indian branch of the online auction site
eBay eBay Inc. ( ) is an American multinational e-commerce company based in San Jose, California, that facilitates consumer-to-consumer and business-to-consumer sales through its website. eBay was founded by Pierre Omidyar in 1995 and became ...
. The site had hosted illegally created
e-book An ebook (short for electronic book), also known as an e-book or eBook, is a book publication made available in digital form, consisting of text, images, or both, readable on the flat-panel display of computers or other electronic devices. A ...
s of ''Harry Potter'', which Rowling had never agreed to be published. In 2005, Rowling warned her fans on her website that various "signed" ''Harry Potter'' memorabilia appearing for sale on eBay did not in fact use her signature. She urged her fans to protest eBay to prevent other children from being swindled. In 2007, Rowling launched lawsuits against a number of users of the site, obtaining a series of stay orders preventing them from selling her work. However eBay claimed that in her dealings with the media, Rowling had falsely claimed that her injunctions had been against eBay itself. In June 2007, eBay filed papers with the
Delhi High Court The High Court of Delhi (IAST: ''dillī uchcha nyāyālaya'') was established on 31 October 1966, through the ''Delhi High Court Act, 1966'', with four judges, Chief Justice K. S. Hegde, Justice I. D. Dua, Justice H. R. Khanna and Justice S. ...
, alleging that Rowling had caused them "immense humiliation and harassment". The High Court circumvented the application, claiming that it could not make such a judgment until the case went to trial. In October 2007, Warner Bros. sued a group constructing a façade during a
Hindu Hindus (; ) are people who religiously adhere to Hinduism. Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pages 35–37 Historically, the term has also been used as a geographical, cultural, and later religious identifier for ...
religious festival A religious festival is a time of special importance marked by adherents to that religion. Religious festivals are commonly celebrated on recurring cycles in a calendar year or lunar calendar. The science of religious rites and festivals is known ...
in the Indian city of
Kolkata Kolkata (, or , ; also known as Calcutta , the official name until 2001) is the capital of the Indian state of West Bengal, on the eastern bank of the Hooghly River west of the border with Bangladesh. It is the primary business, comme ...
for , claiming that they had erected a giant replica of Harry Potter's school,
Hogwarts Hogwarts School of Witchcraft and Wizardry () is a fictional Scotland, Scottish boarding school of Magic in Harry Potter, magic for students aged eleven to eighteen, and is the primary setting for the first six books in J. K. Rowling's ''Harry Pot ...
, without their permission. Initial reports stated that, as the effort was not for profit, it did not violate Rowling's copyright. The
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. new ...
claimed that the High Court of Delhi, where the petition was filed, allowed the organisers to carry on with the temporary construction with an order that the structure had to be dismantled after the festival was over and that the court refused to impose any compensation on the basis that the organisers were involved in a "non-profit making enterprise". However, these statements were later retracted: the court had in fact ruled in favour of Warner Bros., but no fine had been ordered, and Warner Bros. claimed that they had only requested a fine because such action was necessary under Indian law. In November 2007, Rowling discussed the case on her website, listing the rumours that she had targeted a non-profit organisation as "Toxic" and saying, "The defendants were not religious charities, and theirs was not a religious celebration. On the contrary, it was a large-scale, commercial, sponsored event involving corporations that included a major Indian high street bank. The event was, however, set up while a Hindu festival was going on ... The court ruled that Warner Bros. rights had indeed been infringed, and that events such as the one in question would need Warner Bros.' permission in the future. The court also restrained all the defendants from any future events infringing Warner Bros. rights." On 31 October 2007, Warner Bros. and Rowling sued Michigan-based publishing firm RDR Books to block the publication of a 400-page book version of the
Harry Potter Lexicon The Harry Potter Lexicon is a fan-created online encyclopedia of the ''Harry Potter'' series. Overview The site was created by school librarian Steve Vander Ark. It contains detailed information for all seven published ''Harry Potter'' books. The ...
, an online reference guide to her work. Rowling, who previously had a good relationship with Lexicon owner Steve Vander Ark, reiterated on her website that she plans to write a ''Harry Potter'' encyclopedia, and that the publication of a similar book before her own would hurt the proceeds of the official encyclopedia, which she plans to give to charity. A judge later barred publication of the book in any form until the case was resolved. In their suit, Rowling's lawyers also asserted that, as the book describes itself as a print facsimile of the Harry Potter Lexicon website, it would publish excerpts from the novels and stills from the films without offering sufficient "transformative" material to be considered a separate work. The trial concluded on 17 April 2008. On 8 September 2008, the judge ruled in her favour, claiming that the book would violate the terms of fair use. In December 2008, a modified (and shorter) version of Vander Ark's Lexicon was approved for publication and was released 16 January 2009 as ''The Lexicon: An Unauthorized Guide to Harry Potter Fiction''. In November 2007, ''
The Scotsman ''The Scotsman'' is a Scottish compact newspaper and daily news website headquartered in Edinburgh. First established as a radical political paper in 1817, it began daily publication in 1855 and remained a broadsheet until August 2004. Its pare ...
'' reported that Rowling had threatened legal action against American computer programmer G. Norman Lippert for allegedly violating her
intellectual property rights Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
by producing and publishing the online novel ''James Potter and the Hall of Elders' Crossing'', an unofficial and unauthorised continuation of the ''Harry Potter'' series. Written as a
fan fiction Fan fiction or fanfiction (also abbreviated to fan fic, fanfic, fic or FF) is fictional writing written in an amateur capacity by fans, unauthorized by, but based on an existing work of fiction. The author uses copyrighted characters, setti ...
project for Lippert's wife and sons, the novel is set eighteen years after the end of the last official instalment in the series, ''
Harry Potter and the Deathly Hallows ''Harry Potter and the Deathly Hallows'' is a fantasy novel written by British author J. K. Rowling and the seventh and final novel of the main ''Harry Potter'' series. It was released on 21 July 2007 in the United Kingdom by Bloomsbury Publ ...
'', and describes the adventures of
Harry Potter ''Harry Potter'' is a series of seven fantasy novels written by British author J. K. Rowling. The novels chronicle the lives of a young wizard, Harry Potter, and his friends Hermione Granger and Ron Weasley, all of whom are students at ...
's son, James Sirius Potter, during his first year at
Hogwarts School of Witchcraft and Wizardry Hogwarts School of Witchcraft and Wizardry () is a fictional Scottish boarding school of magic for students aged eleven to eighteen, and is the primary setting for the first six books in J. K. Rowling's ''Harry Potter'' series and serves as a m ...
. A specialist in intellectual property law at
Strathclyde University The University of Strathclyde ( gd, Oilthigh Shrath Chluaidh) is a public research university located in Glasgow, Scotland. Founded in 1796 as the Andersonian Institute, it is Glasgow's second-oldest university, having received its royal c ...
commented that, "If an insubstantial character from a novel is taken and built up by another author in a new story, that can be a defence against copyright infringements." However, after Lippert offered Rowling an advance copy of the novel, Rowling dismissed her threat and said she supported the novel and any others like it. Lippert subsequently produced a sequel, ''James Potter and the Curse of the Gatekeeper''. After the novel first appeared online in early November 2007, some ''Harry Potter'' fans on the Internet initially speculated that the site might be part of an elaborate
viral marketing Viral marketing is a business strategy that uses existing social networks to promote a product mainly on various social media platforms. Its name refers to how consumers spread information about a product with other people, much in the same way tha ...
campaign for an official continuation or spinoff of ''Harry Potter'', one either written or at least approved by Rowling herself. On 9 November 2007, Rowling's agent Neil Blair denied that Rowling was in any way involved with the purported project, and Warner Bros., the studio which owns the rights to the ''Harry Potter'' film series, denied that the novel was in any way connected to the official ''Harry Potter'' franchise.


Legal injunctions

Rowling and her publishers have brought a series of legal
injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in p ...
s to ensure the books' secrecy before their launch. These injunctions have drawn criticism from
civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties ma ...
campaigners over their potentially sweeping powers over individual freedoms. In 2003, in an attempt to maintain secrecy over the impending release of the fifth ''Harry Potter'' book, ''
Harry Potter and the Order of the Phoenix ''Harry Potter and the Order of the Phoenix'' is a fantasy novel written by British author J. K. Rowling and the fifth novel in the ''Harry Potter'' series. It follows Harry Potter's struggles through his fifth year at Hogwarts School of Wi ...
'', Rowling and her publishers sought and received a groundbreaking injunction against "the person or persons who has or have physical possession of a copy of the said book or any part thereof without the consent of the Claimants". The ruling obtained, for the first time in British law, an injunction against unnamed or unknown individuals; before then, injunctions could only be obtained against named individuals. Lawyers Winterbothams noted that, "The new ''Harry Potter'' style injunction could be used if you expected a demonstration or trespass to take place, but which had not yet begun, so long as you could find a description for the people expected which the Court was satisfied identified 'those who are included and those who are not'". The "Potter injunction" was later used against a camp of
Roma Roma or ROMA may refer to: Places Australia * Roma, Queensland, a town ** Roma Airport ** Roma Courthouse ** Electoral district of Roma, defunct ** Town of Roma, defunct town, now part of the Maranoa Regional Council * Roma Street, Brisbane, a ...
travellers. In 2006, pharmaceutical company
GlaxoSmithKline GSK plc, formerly GlaxoSmithKline plc, is a British multinational pharmaceutical and biotechnology company with global headquarters in London, England. Established in 2000 by a merger of Glaxo Wellcome and SmithKline Beecham. GSK is the tent ...
employed the injunction against anonymous animal rights campaigners who had sent threatening letters to their investors. The series garnered more controversy in 2005 with the release of the sixth book, '' Harry Potter and the Half-Blood Prince'', when a
Real Canadian Superstore Real Canadian Superstore is a chain of supermarkets owned by Canadian food retailing giant Loblaw Companies. Its name is often shortened to Superstore, or, less commonly, RCSS. Originating in Western Canada in the late 1970s/early 1980s, the b ...
grocery store accidentally sold several copies before the authorised release date. The Canadian publisher,
Raincoast Books Raincoast Books is a Canadian book distribution and wholesale company. Based in Vancouver, British Columbia, Raincoast was founded by Mark Stanton and Allan MacDougall in 1979 as a consignment wholesaler that shared overhead, warehouse space and ...
, obtained an injunction from the
Supreme Court of British Columbia Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motow ...
prohibiting the purchasers from reading the books in their possession. A comment by a media lawyer that "there is no human right to read" led to a debate in the public sphere about whether free access to information was a human right.
Michael Geist Michael Allen Geist (born July 11, 1968) is a Canadian academic, the Canada Research Chair in Internet and E-Commerce Law at the University of Ottawa and a member of the Centre for Law, Technology and Society. Geist was educated at the Univer ...
, the
Canada Research Chair Canada Research Chair (CRC) is a title given to certain Canadian university research professors by the Canada Research Chairs Program. Program goals The Canada Research Chair program was established in 2000 as a part of the Government of Canada ...
of Internet and E-commerce Law at the
University of Ottawa The University of Ottawa (french: Université d'Ottawa), often referred to as uOttawa or U of O, is a bilingual public research university in Ottawa, Ontario, Canada. The main campus is located on directly to the northeast of Downtown Ottaw ...
, said in response, "The copyright law claim was particularly puzzling. While copyright law does provide copyright owners with a basket of exclusive rights, the right to prohibit reading is not among them. In fact, copyright law has very little to say about what people can do with a book once they have purchased it." Free-speech activist
Richard Stallman Richard Matthew Stallman (; born March 16, 1953), also known by his initials, rms, is an American free software movement activist and programmer. He campaigns for software to be distributed in such a manner that its users have the freedom to ...
posted a statement on his blog calling for a boycott until the publisher issued an apology to the public. Solicitors Fraser Milner and Casgrain, who represented Raincoast and formulated the legal argument for the embargo, have rebutted this, saying that the
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part ...
applies only to the government, not to private litigation, and does not offer any protection of the right to read in any case, and the innocent purchasers of the ''Harry Potter'' book had no more right to read it than if they had come into possession of someone's secret diary. In 2007,
Scholastic Corporation Scholastic Corporation () is an American multinational publishing, education, and media company that publishes and distributes books, comics, and educational materials for schools, parents, and children. Products are distributed via retail and on ...
threatened legal action against two booksellers, Levy Home Entertainment and DeepDiscount.com, for selling copies of the final novel, ''
Harry Potter and the Deathly Hallows ''Harry Potter and the Deathly Hallows'' is a fantasy novel written by British author J. K. Rowling and the seventh and final novel of the main ''Harry Potter'' series. It was released on 21 July 2007 in the United Kingdom by Bloomsbury Publ ...
'', before its release date of 21 July. In an official statement, Scholastic appealed "to the ''Harry Potter'' fans who bought their books from DeepDiscount.com and may receive copies early requesting that they keep the packages hidden until midnight on 21 July." Customers who agreed not to read the book received a special ''Harry Potter'' t-shirt and a $50 coupon for Scholastic's online store.


Blackmail

In June 2005, Aaron Lambert, a security guard at a book distribution centre in
Corby Corby is a town in North Northamptonshire, England, located north-east of Northampton. From 1974 to 2021, the town served as the administrative headquarters of the Borough of Corby. At the 2011 United Kingdom census, 2011 Census, the built-up ...
, Northamptonshire, England, stole a number of pages from '' Harry Potter and the Half-Blood Prince'' six weeks before its intended publication date. He was arrested a day later after negotiations to sell them to John Askill, a journalist from '' The Sun'', turned violent. Lambert reportedly fired a shot from his imitation Walther PPK pistol, but Askill was unharmed. At his trial the following October, Lambert pleaded guilty to threatening Askill and to attempting to blackmail ''Harry Potters publishers,
Bloomsbury Bloomsbury is a district in the West End of London. It is considered a fashionable residential area, and is the location of numerous cultural, intellectual, and educational institutions. Bloomsbury is home of the British Museum, the largest ...
. In January 2006, Lambert was sentenced to four and a half years in prison. In November 2011, in her testimony before the
Leveson Inquiry The Leveson Inquiry was a judicial public inquiry into the culture, practices and ethics of the British press following the News International phone hacking scandal, chaired by Lord Justice Leveson, who was appointed in July 2011. A series o ...
, Rowling said that the ''Sun'' had attempted to "blackmail" her into a photo-op in return for returning the stolen manuscript.


Accusation of libel

In July 2007, a dispute arose between ''Harry Potters British publisher,
Bloomsbury Bloomsbury is a district in the West End of London. It is considered a fashionable residential area, and is the location of numerous cultural, intellectual, and educational institutions. Bloomsbury is home of the British Museum, the largest ...
, and
Asda Asda Stores Ltd. () (often styled as ASDA) is a British supermarket chain. It is headquartered in Leeds, England. The company was founded in 1949 when the Asquith family merged their retail business with the Associated Dairies company of Yorks ...
, a British supermarket chain owned by the US corporation
Wal-Mart Walmart Inc. (; formerly Wal-Mart Stores, Inc.) is an American multinational retail corporation that operates a chain of hypermarkets (also called supercenters), discount department stores, and grocery stores from the United States, headquarter ...
. On 15 July, a week before the release of the final ''Harry Potter'' novel, ''
Harry Potter and the Deathly Hallows ''Harry Potter and the Deathly Hallows'' is a fantasy novel written by British author J. K. Rowling and the seventh and final novel of the main ''Harry Potter'' series. It was released on 21 July 2007 in the United Kingdom by Bloomsbury Publ ...
'', Asda issued a press release accusing Bloomsbury of unfairly fixing their prices. Asda spokesman Peter Pritchard claimed that Bloomsbury was "holding children to ransom" and that, " seems like Bloomsbury need to do a quid-ditch as they have sent their prices up north on the
Hogwarts Express Hogwarts School of Witchcraft and Wizardry () is a fictional Scottish boarding school of magic for students aged eleven to eighteen, and is the primary setting for the first six books in J. K. Rowling's '' Harry Potter'' series and serves as a maj ...
. By setting the
recommended retail price The list price, also known as the manufacturer's suggested retail price (MSRP), or the recommended retail price (RRP), or the suggested retail price (SRP) of a product is the price at which its manufacturer notionally recommends that a retailer ...
at this level can only be seen as blatant profiteering on their part." Pritchard went on to say that Asda was acting to "champion the right of young readers", and that the recommended retail price was "twice the average child's pocket money and £5 more than the average children's bestseller". Asda had planned to sell the book as a
loss leader A loss leader (also leader) is a pricing strategy where a product is sold at a price below its market cost to stimulate other sales of more profitable goods or services. With this sales promotion/marketing strategy, a "leader" is any popular arti ...
at £8.87 ($16.30), or half Bloomsbury's
recommended retail price The list price, also known as the manufacturer's suggested retail price (MSRP), or the recommended retail price (RRP), or the suggested retail price (SRP) of a product is the price at which its manufacturer notionally recommends that a retailer ...
of £17.99 ($33.00) and below the wholesale price of £9.89 ($18.00). Two days later, Bloomsbury responded that the claims were "potentially libellous" and that:
Asda's latest attempt to draw attention to themselves involves trying to leap on the ''Harry Potter'' bandwagon. This is just another example of their repeated efforts of appearing as Robin Hood in the face of controversy about their worldwide group, which would suggest they are perceived as more akin to the Sheriff of Nottingham. Loss leaders were invented by supermarkets and have nothing to do with Bloomsbury Publishing or ''Harry Potter'' and we deeply regret having been dragged into their price-wars.
Bloomsbury stated that the price hike of £1 from the previous ''Harry Potter'' novel was due to it having been printed on recycled paper. "There is a price to be paid by the consumer for environmental best practice", a Bloomsbury spokeswoman said. Bloomsbury CEO Nigel Newton said, " hey haveunleashed a very disingenuous, self-interested attack on us. This is complete nonsense and all they're doing is grandstanding as they've done on the price of aspirin and bread. They try to turn it into a big deal as though it's a moral crusade for them, but it's nothing of the kind." That same day, Bloomsbury cancelled all Asda's orders of ''Harry Potter and the Deathly Hallows'', or roughly 500,000 copies, citing unpaid bills from the company totalling £38,000 ($70,000) for unauthorised returns of the sixth ''Harry Potter'' book. "The two matters are completely unrelated", said a Bloomsbury spokeswoman, "We decided today that we couldn't risk having arrears with anybody." The dispute had been "going on a while – going on for weeks actually." Asda responded that Bloomsbury owed them £122,000 ($224,000) ("for pulping and for other book trade issues and work we have done for them") and that, as one company spokesman claimed, "It just seems funny that after we expose the potty Potter price hike, Bloomsbury are trying everything they can to stop kids getting hold of ''Harry Potter'' at a price they can afford." Asda paid the bill within hours, and claimed that Bloomsbury would be in breach of contract if it did not allow the store to sell its books. However, Bloomsbury claimed that the block on Asda's orders was still in place as, "Unfortunately, we've now had to initiate a significant libel claim against them. That matter will have to be dealt with. If they want their 500,000 books, they'll have to come and make peace with us ... It could be good news for all their disappointed customers, because they don't have to go to a soulless Asda shed to buy their book and they can share the magic of ''Harry Potter'' at an independent or specialist bookstore instead." Upon receipt of Bloomsbury's legal letter, Asda responded that, "There is nothing defamatory in our press release. Everything there is factual. It is a commentary on how we see things." Said another Asda spokesperson, "If they don't supply us with the books, it will have a massive implication and ea breach of contract – but I don't think they will do that." Later that day, however, Asda released a statement retracting its original comment: "We apologise unreservedly to Bloomsbury for urpress release dated 15 July and withdraw our statement. We look forward to a good relationship with Bloomsbury going forward, including selling the latest ''Harry Potter'' book from 00:01 am BST on Saturday 21 July and many other Bloomsbury books in the future". In response, Bloomsbury lifted the block and Asda was allowed to sell its books. The original press release was then expunged. The rationale behind Asda's initial press release remains uncertain. Neill Denny, commentator for thebookseller.com, opined that "the whole episode has the whiff of a badly-conceived PR stunt by ill-briefed senior executives at Asda out of touch with the subtleties of the book world." Ralph Baxter of ''Publishing News'' concurred: "For Asda ... it may be seen as mission accomplished, a high-risk strategy to maximise publicity for its ''Harry Potter'' offer rewarded with television, radio, Internet and newspaper coverage. And the association of Asda with low prices has no doubt been entrenched in a few more minds."


References


External links


Online transcription of the judge's ruling in Rowling v. Stouffer

RealMuggles.com
Nancy Stouffer's web site * (in Russian)
harrypotterguide.co.uk
Claire Field's fansite
slate.com on the issues raised by ''Harry Potter'' parodies

Descriptions of various Asian illegal translations

'Harry Potter plagiarism case struck out'
{{DISPLAYTITLE:Legal disputes over the ''Harry Potter'' series Harry Potter controversies
Harry Potter series ''Harry Potter'' is a series of seven fantasy novels written by British author J. K. Rowling. The novels chronicle the lives of a young wizard, Harry Potter, and his friends Hermione Granger and Ron Weasley, all of whom are students at Ho ...
Harry Potter series ''Harry Potter'' is a series of seven fantasy novels written by British author J. K. Rowling. The novels chronicle the lives of a young wizard, Harry Potter, and his friends Hermione Granger and Ron Weasley, all of whom are students at Ho ...