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Rowling vs. Vander Ark

Saw a very interesting article the other day over on Techdirt regarding a teenager who remixed and or plagiarized the works of others into a best selling book which is up for a prestigious prize in Germany.  I’ll share some passages from the Techdirt article and then a few brief quotes from a New York Times story and leave you to make of it what you will.  Anyway, from the Techdirt article:

“Here’s a story that will get traditionalists up in arms about “stealing” and “laziness,” but they’ll all be missing the point. We’ve see for decades how remix culture works in music. The ability to take the works of someone else, mix them up with others, change them around and create something new and powerful, is a wonderful expression of culture, that shows how artistic culture is often about shared experiences and sharing works of art. But what about in the literary world?”

And here from the New York Times article:

“Ms. Hegemann finds herself in the middle of a collision — if not road kill exactly — between the staid, literary establishment in a country that venerates writers from Goethe to Mann to Grass, and the Berlin youth culture of D.J.’s and artists that sample freely and thereby breathe creativity into old forms.”

And also:

“Although Ms. Hegemann has apologized for not being more open about her sources, she has also defended herself as the representative of a different generation, one that freely mixes and matches from the whirring flood of information across new and old media, to create something new. “There’s no such thing as originality anyway, just authenticity…”

Well, those quotes by themselves should be enough to generate some discussion but check out the full articles.  Interesting reading.  Have fun!

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JKR/WB has won the court case against SVA/RDR.

Plaintiffs have shown that the Lexicon copies a sufficient quantity of the Harry Potter series to support finding a substantial similarity between the Lexicon and Rowling’s novels.The Lexicon draws 450 manuscript pages worth of material primarily from the 4,100-page Harry Potter series.

The full text of the decision.

J.K. Rowling Statement

“I took no pleasure at all in bringing legal action and am delighted that this issue has been resolved favourably,” said J.K. Rowling. “I went to court to uphold the right of authors everywhere to protect their own original work. The court has upheld that right.”

“The proposed book took an enormous amount of my work and added virtually no original commentary of its own. Now the court has ordered that it must not be published.”

“Many books have been published which offer original insights into the world of Harry Potter. The Lexicon just is not one of them.”

Warner Bros. Statement

“We are obviously pleased with today’s ruling by Judge Patterson supporting the position that the proposed lexicon book infringes on Ms. Rowling’s rights. As a content company, it is imperative that we work vigorously on all fronts to protect the intellectual property rights of those who create the stories and characters, words, pictures and music that entertain and benefit the worldwide audience.”

RDR Books Statement

“We are encouraged by the fact the Court recognized that as a general matter authors do not have the right to stop the publication of reference guides and companion books about literary works. As for the Lexicon, we are obviously disappointed with the result, and RDR is considering all of its options.”

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