Copyright Woes

20 Feb

Marni is getting ready to send her mystery novel to the printer, but last minute questions about copyright issues have caused a hasty rewrite at the eleventh hour. Despite all best intentions and research, a lingering question or two had made this necessary.  Just as the issue is resolved and the rewrites decided upon, she came across this article in Raleigh’s News and Observer:

By KRISTEN GELINEAU – Associated Press Writer

SYDNEY — J.K. Rowling has been named in a lawsuit alleging she stole ideas for her wildly popular and lucrative “Harry Potter” books from another British author. Rowling denied the allegation.

The estate of the late Adrian Jacobs on Wednesday added Rowling as a defendant in a lawsuit it filed in June against Bloomsbury Publishing PLC for alleged copyright infringement, according to a statement released by the estate’s representatives, who are based in Australia.

The lawsuit, filed in a London court, claims Rowling’s book “Harry Potter and the Goblet of Fire” copied substantial parts of Jacobs’ 1987 book, “The Adventures of Willy the Wizard – No. 1 Livid Land.” Jacobs’ estate also claims that many other ideas from “Willy the Wizard” were copied into the “Harry Potter” books. Jacobs died in London in 1997.

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“Harry Potter and the Goblet of Fire” is the fourth book in Rowling’s series and was published in July 2000.

Sydney agent Max Markson, who is representing the trustee of Jacobs’ estate, Paul Allen, said Rowling was added to the lawsuit after Allen learned that the statute of limitations to sue her had not run out, as previously thought.

“I estimate it’s a billion-dollar case,” Markson said Thursday. “That’ll be the decision of the courts, obviously.”

J.K. Rowling said the claim was completely untrue.

“I am saddened that yet another claim has been made that I have taken material from another source to write Harry,” she said. “The fact is I had never heard of the author or the book before the first accusation by those connected to the author’s estate in 2004; I have certainly never read the book.

“The claims that are made are not only unfounded but absurd and I am disappointed that I, and my UK publisher Bloomsbury, are put in a position to have to defend ourselves. We will be applying to the Court immediately for a ruling that the claim is without merit and should therefore be dismissed without delay.”

In June, Bloomsbury said the allegation that Rowling lifted from Jacobs’ work was “unfounded, unsubstantiated and untrue.” Bloomsbury said Jacobs’ estate first approached the company in 2004 with its claims, but was unable to identify any text in the “Harry Potter” books that was copied from “Willy the Wizard.”

In a statement, Allen said the estate is also seeking legal advice on whether the Harry Potter films and soon-to-be-opened Harry Potter theme park breach copyright law.

Associated Press writer Jill Lawless contributed to this report from London.
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